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223 03273 9782 







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HEARING 



SENATE RULES COMMITTEE 

STATE OF CALIFORNIA 




STATE CAPITOL 

ROOM 113 

SACRAMENTO, CALIFORNIA 

WEDNESDAY, JANUARY 5, 2000 
9:35 A.M. 



385-R 



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SENATE RULES COMMITTEE 



STATE OF CALIFORNIA 



HEARING 



STATE CAPITOL 



ROOM 113 



SACRAMENTO, CALIFORNIA 



WEDNESDAY, JANUARY 5, 2 000 



9:35 A.M. 



Reported by 



Evelyn J. Mizak 
Shorthand Reporter 



4 49386 SFPL: ECONO JRS 
88 SFPL 07/07/03 13 



3 1223 03273 9782 



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APPEARANCES 

MEMBERS PRESENT 

SENATOR JOHN BURTON, Chair 

SENATOR JOHN LEWIS, Vice Chair 

SENATOR JOE BACA 

SENATOR TERESA HUGHES 

SENATOR PATRICK JOHNSTON 

SENATOR WILLIAM KNIGHT 

STAFF PRESENT 

GREG SCHMIDT, Executive Officer 

PAT WEBB, Committee Secretary 

NETTIE SABELHAUS, Consultant on Governor's Appointments 

WADE TEASDALE, Consultant to SENATOR LEWIS 

FELICE TANENBAUM, Consultant to SENATOR HUGHES 

ANDY PUGNO, Consultant to SENATOR KNIGHT 

ALSO PRESENT 

FRED R. BUENROSTRO, Deputy Director 
Department of Personnel Administration 

AARON READ 

California Highway Patrol Association 

California Department of Forestry Firefighters 

Professional Engineers California Government 

Self 

DAVE LOW 

California School Employees Association 

MIKE JIMENEZ, Executive Vice President 

California Correctional Peace Officers Association 



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111 
INDEX 

Page 
Proceedings 1 

Governor ' s Appointees : 



FRED BUENROSTRO, Deputy Director 

Department of Personnel Administration 1 

Background and Experience 1 

Questions by CHAIRMAN BURTON re: 

Representation of Director Morgenstern at 

PERS Board Meetings 2 

Selection of Counsel for PERS Board 2 

Possibility of Constitutional Amendment to 

Permit Oversight of PERS Board by 

Legislature 3 

Loss of Purchasing Power for State 

Employees When There Was No Contract 4 

Questions by SENATOR LEWIS re: 

End of Year Accounting of PERS Fund 4 

Questions by SENATOR HUGHES re: 

Update on Self -Managed Accounts, New 

Options, and Savings Plus Program 5 

Questions by CHAIRMAN BURTON re: 

Shortage of Qualified Medical Personnel in 
Department of Corrections 5 

Introduction of Family Member Present 6 

Questions by CHAIRMAN BURTON re: 

Use of Money Originally in CCPOA Legal 

Defense Fund, Then Changed to General 

Dollars 6 



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IV 



Witnesses in Support: 

AARON READ 

California Highway Patrol Association 

CDF Firefighters Association 

Professional Engineers in California Government 6 

DAVE LOW 

California School Employees Association 7 

MIKE JIMENEZ, Executive Vice President 

California Correctional Peace Officers Association .... 7 

Motion to Confirm 8 

Committee Action 9 

Termination of Proceedings 9 

Certificate of Reporter 10 



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P-R-O-C-E-E-D-I-N-G-S 
— 00O00-- 

CHAIRMAN BURTON: Governor's appointee appearing 
today, Fred Buenrostro, Deputy Director, Personnel 
Administration Department. 

MR. BUENROSTRO: Thank you, Mr. Chairman, Members 
of the Committee. Thank you for the opportunity to present 
myself to you today. 

I know you have my bio and my background, so I 
will be brief. 

After a short stint pushing a mail cart around 
CSEA, I became a state employee. During my career, I've worked 
in the Treasurer's Office as legal counsel to Jesse Unruh, Tom 
Hayes, and later Kathleen Brown. 

In 1992, I went to work for Controller Gray 
Davis, advising him on state fiscal issues and on pension 
matters, and representing him at PERS and STRS. I spent seven 
years in the Controller's Office. 

In early 1999, Governor Davis and Director 
Morgenstern asked me to join the new Davis administration. 
Since joining Director Morgenstern at DPA, I've worked with him 
to put in place his management team, worked on the development 
of the strategy for bargaining this past summer, participated in 
the negotiations in a majority of the 21 bargaining units. And 
I'm proud to say, we brought those agreements in on time and on 
budget. And I've represented the Director where appropriate at 
the monthly PERS meetings. 

If there are any questions you have, I'd be 



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pleased to answer them. 

CHAIRMAN BURTON: Do you sit for the Director on 
the PERS Board? 

MR. BUENROSTRO: Where appropriate I do. 

CHAIRMAN BURTON: What does that mean? 

MR. BUENROSTRO: When he's unavailable I 
represent him. 

CHAIRMAN BURTON: Who sits more, you or him? 

MR. BUENROSTRO: It's been about even. 

CHAIRMAN BURTON: About even. 

MR. BUENROSTRO: Yes. 

CHAIRMAN BURTON: I have had a few 
constituents -- I'm not going to get into the Armenian 
situation — but I've had a few constituents that were very 
concerned with how the PERS Board selects counsel when they may 
be engaged in class action suits on behalf of the Board or us 
depositors, where they seem to have a prediliction to go to 
firms outside of the state. They seem to have some type of 
favoritism going on. 

One local firm, at least in the Bay Area, that is 
a fairly high quality one, actually got shut out at the window. 
It seemed like kind of a shoddy way to be doing business. 

Do you have any idea what goes on over there? 

MR. BUENROSTRO: The selection of outside counsel 
has been delegated by the Board to the staff. 

But I share your concerns about selecting 
California counsel. I think California has many, many fine law 
firms, and we have all the talent necessary to represent Cal 



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PERS within California, and I think that's where we should be 
selecting. 

CHAIRMAN BURTON: Well, it may be delegated to 
staff, but the staff works for the Board, right? Has the Board 
ever discussed maybe we ought to have a policy, and not 
necessarily buy California, but at least it seems kind of goofy 
to me that basically taxpayers' money, or at least state 
employee pensioners' money goes outside the state and doesn't, 
all things being equal, remain in the state. 

I would hope that these issues are raised by the 
Board, because one of the problems that we've found, not only me 
but we — that's me and the mouse I carry in my pocket — but 
problems that I have found, and I don't know whether it was 
during the Wilson administration, during one of the budget 
problems, where we basically went in and grabbed PERS' money to 
help balance the budget. And in response to that, there was a 
Constitutional amendment to forbid that, but additionally makes 
this group exempt like the Federal Reserve Board. The 
Legislature can't even look at what they're doing, have no 
oversight or anything else. 

I'm of the opinion that if the Board doesn't 
shape up, that there will be another Constitutional amendment 
leaving in place the fact that we shouldn't raid the treasury, 
but bringing a little bit of accountability to a group that 
becomes self-perpetuating. 

And I don't believe in term limits for us, so I 
don't believe in them for PERS members, but people get in, and 
they rarely get out, and then they've got a fiefdom all of their 



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own. And I, for one, am unhappy with, it. And Assemblyman 
Papan, for two, is extremely unhappy with it. And if I were the 
PERS Board, I'd rather have me unhappy than him unhappy. 

So, at least on that issue, I would like you, or 
whoever you sit for, to call that back. I'm in deadly earnest. 
The people voted basically not to have us steal pension money. 
I think that was proper. And it wasn't to give these guys the 
ability to do anything and everything that they really care to 
do. 

Would you have any idea what the loss of 
purchasing power for state employees was during the period when 
there was no contract? 

MR. BUENROSTRO: We believe that the loss of 
purchasing power during the time when there was no contract was 
somewhere in the mid-teens. We believe that — 

CHAIRMAN BURTON: Low teens or high teens? 

MR. BUENROSTRO: Low teens. 

We believe that through the contract that we put 
in place that bridged until June 30th, and then the new two-year 
contract, that we've made up most of the difference in the 
purchasing power, both in the five-and-a-half percent increase 
which was given to employees as of January 1, and the subsequent 
increase that we granted as of July 1, and the increase that 
will occur on September 1, 2000. 

CHAIRMAN BURTON: Senator Lewis. 

SENATOR LEWIS: I just had one question. 

Have you received an end of the year accounting 
of how well the PERS fund did last year? 



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MR. BUENROSTRO: The PERS fund, I haven't 
received it yet, but we believe it performed in the mid-teens in 
terms of return overall. 

CHAIRMAN BURTON: Senator Hughes. 

SENATOR HUGHES: Could you provide us with an 
update on the self -managed accounts and new options and Savings 
Plus Program? Are there any problems with this program? 

MR. BUENROSTRO: We have no problems at this time 
with the self-managed accounts and the Savings Plus Program. 

As I'm sure you're aware, we have simplified that 
program in terms of fees. We've provided Internet access and a 
401 (k) loan program, in addition to instituting the self-managed 
account and broadening the investment options for it. 

SENATOR HUGHES: Thank you. 

CHAIRMAN BURTON: There have been reports of 
shortage of qualified medical personnel in the prison system. 

MR. BUENROSTRO: During our bargaining, we 
identified many areas where recruitment and retention of 
qualified staff needed our attention, and so we put in place 
retention and recruitment bonuses and specifically for qualified 
medical staff. Those are in place now and should be 
alleviating those problems. 

We continue to monitor them so that if our 
efforts weren't enough, we can increase them. 

CHAIRMAN BURTON: Would you know, and you may 
not, the name of the head doctor at the Department of 
Corrections? 

MR. BUENROSTRO: No, I do not. 



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CHAIRMAN BURTON: Is it still that idiot that was 
there before? You're kidding. I use the term advisedly. 

Do you have members of your family present? 

MR. BUENROSTRO: Yes. 

Mr. Chairman, with your permission, I'd like to 
introduce one of my brothers who's here today, Jim Buenrostro, 
who shared mail cart duties with me at CSEA 25 years ago. He 
currently resides in San Luis Obispo. 

CHAIRMAN BURTON: Welcome. 

Majority Leader Polanco asked — he couldn't be 
here, so we're asking these questions on his behalf — do you 
know what happened to the money that was originally in the CCPOA 
contract that was legal defense fund but then was changed, I 
guess, to general dollars? Do we have any idea what happened to 
that? What the use of general dollars were put to? 

MR. BUENROSTRO: The use of the general dollars 
at this point is being negotiated with CCPOA by our staff. 
We've committed some of the money to printing the contract 
agreement, some of the money for release time for officers of 
CCPOA. 

CHAIRMAN BURTON: That's the subject of 



ongoing — 



yes 



MR. BUENROSTRO: That's a subsequent negotiation, 



CHAIRMAN BURTON: Witnesses in support. 

MR. READ: Mr. Chairman, Members of the Rules 
Committee, Aaron Read representing the Highway Patrol 
Association, CDF Firefighters, and Professional Engineers in 



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California Government , and in this instance myself, because I've 
personally had the pleasure of knowing and working with Fred for 
25 years. I think I was there when he pushed the cart around 
CSEA. 

I can tell you that Fred has been a person of 
honesty and integrity for the entire 25 years that I have known 
and worked with him. On very big issues, controversial issues, 
Fred's door was always open. He always made sure that our views 
were heard and considered. 

I'm here proudly to support him, and I'm proud 
that my clients, the Highway Patrol Association, Firefighters, 
and PEG are joining in that support. 

Thank you. 

MR. LOW: Mr. Chairman and Members, Dave Low 
with the California School Employees Association. 

We've worked with Fred very closely in his tenure 
in many capacities on the PERS Board, and dealing with not just 
the retirement issues, but the investment issues, health 
benefits, personnel matters. And Fred has always been not just 
well prepared, but has been very accessible to us . He's been a 
conduit to us to the officials that he represented, and has 
always given a fair voice to our views. 

As Aaron said, he's a person of the highest 
integrity, and has done an excellent job. We strongly support 
his confirmation. 

MR. JIMENEZ: Mr. Chairman and Members, my name 
is Mike Jimenez, and I'm the Executive Vice President of the 
California Correctional Peace Officers Association. 



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8 

One of the questions you asked about 
Mr. Buenrostro I was intimately involved in. I want to let you 
know that we've been through some difficult times together, but 
as I put in the letter on behalf of CCPOA, we do believe that 
Mr. Buenrostro is going to bring dignity and respect, and 
continue on the path of correcting things that have occurred for 
state employees. 

We strongly urge your support. Thank you. 

CHAIRMAN BURTON: Any witnesses in opposition? 

SENATOR HUGHES: Move. 

CHAIRMAN BURTON: Moved by Senator Hughes. 

One thing, I would like you or, when you're 
sitting on the Board for your principal, to raise these issues I 
had. And I would like you to come back to my office with what 
policy changes they're going to do. 

With all respect to the people sitting here that 
are non-elected, I don't believe that it is the staff who ought 
to be setting policy and doing certain things. And staff can 
get you in as much trouble, and have, as much as the elected 
officials. So, the buck stops somewhere. 

And we're going to be paying a lot more attention 
to what the PERS Board does now than we did in the past. And 
nobody's really interested in writing a Constitutional amendment 
to provide at least legislative oversight and other things. 
They ought to clean up their own shop. 

Secretary, call the roll please. 

SECRETARY WEBB: Senator Hughes. 

SENATOR HUGHES: Aye. 



9 

1 SECRETARY WEBB: Hughes Aye. Senator Johnston. 

2 SENATOR JOHNSTON: Aye. 

3 SECRETARY WEBB: Johnston Aye. Senator Lewis. 

4 SENATOR LEWIS: Aye. 

5 SECRETARY WEBB: Lewis Aye. Senator Burton. 

6 CHAIRMAN BURTON: Aye. 

7 SECRETARY WEBB: Burton Aye. Four to zero. 

8 CHAIRMAN BURTON: Leave the roll open for Senator 

9 Knight 

10 Thank you very much. 

11 [Thereafter, SENATOR KNIGHT 

12 added his Aye vote, making the 

13 final vote 5-0 for confirmation.] 

14 [Thereupon this portion of the 

15 Senate Rules Committee hearing was 

16 terminated at approximately 9:48 A.M.] 

17 — 00O00-- 
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10 
CERTIFICATE OF SHORTHAND REPORTER 

I, EVELYN J. MIZAK, a Shorthand Reporter of the State 
of California/ do hereby certify: 

That I am a disinterested person herein; that the 
foregoing transcript of the Senate Rules Committee hearing was 
reported verbatim in shorthand by me, Evelyn J. Mizak, and 
thereafter transcribed into typewriting. 

I further certify that I am not of counsel or 
attorney for any of the parties to said hearing, nor in any way 
interested in the outcome of said hearing. 

IN WITNESS WHEREOF, I have hereunto set my hand this 
day ofxj^^^H^ , 2000. 



^ 




"ELYW J. ^MIZAK/1 
Shorthand Reporter 




385-R 

Additional copies of this publication may be purchased for $3.00 per copy 
(includes shipping and handling) plus current California sales tax. 

Senate Publications 

1 020 N Street, Room B-53 

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(916)327-2155 

Make checks payable to SENATE RULES COMMITTEE. 
Please include Stock Number 385-R when ordering. 



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wt. 



^HEARING 

SENATE RULES COMMITTEE 

STATE OF CALIFORNIA 



DOCUMENTS DEPT. 




FEB - 8 25Q 
SAN FRANCISCO 
PUBLIC LIBRARY 



STATE CAPITOL 

ROOM 113 

SACRAMENTO, CALIFORNIA 

WEDNESDAY, JANUARY 12, 2000 
9:35 A.M. 



386-R 



SENATE RULES COMMITTEE 
STATE OF CALIFORNIA 



HEARING 



STATE CAPITOL 

ROOM 113 

SACRAMENTO, CALIFORNIA 



WEDNESDAY, JANUARY 12, 2000 
9:35 A.M. 



Reported by: 



Evelyn J. Mizak 
Shorthand Reporter 



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11 



APPEARANCES 



MEMBERS PRESENT 

SENATOR JOHN BURTON, Chair 

SENATOR JOHN LEWIS, Vice Chair 

SENATOR TERESA HUGHES 

SENATOR WILLIAM KNIGHT 

MEMBERS ABSENT 

SENATOR JACK ' CONNELL 

STAFF PRESENT 

GREG SCHMIDT, Executive Officer 

PAT WEBB, Committee Secretary 

NETTIE SABELHAUS, Consultant on Governor's Appointments 

WADE TEASDALE, Consultant to SENATOR LEWIS 

FELICE TANENBAUM, Consultant to SENATOR HUGHES 

ANDY PUGNO, Consultant to SENATOR KNIGHT 

ALSO PRESENT 

JOHN MOORES, Member 

The Regents of the University of California 

SENATOR DEE DEE ALPERT 

SHERRY LANSING, Member 

The Regents of the University of California 

PETER PURSLEY 

University of California Student Association 

JUDITH HOPKINSON, Member 

The Regents of the University of California 

ODESSA JOHNSON, Member 

The Regents of the University of California 

SENATOR DICK MONTEITH 



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111 



ASSEMBLYMAN DENNIS CARDOZA 

RAUL ORTEGA, Commander 

American GI Forum, Central Valley 

VENESSE METCALF, Director 

Staff Diversity 

Yosemite Community College District 



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IV 

INDEX 



Page 

Proceedings 1 

Governor ' s Appointees : 



JOHN MOORES, Regent 

The University of California 1 

Introduction and Support by 

SENATOR DEE DEE ALPERT 1 

Background and Experience 2 

Questions by SENATOR LEWIS re: 

Position on Cutting Tuition 3 

Questions by SENATOR HUGHES re: 

River Blindness Foundation 4 

How Experience on Texas' Board of 

Regents Will Benefit California 6 

Correcting Substantial Decline in 

Minority Admissions 7 

Ways to Help University Grow 7 

Involving Minorities in Special Programs 8 

Questions by CHAIRMAN BURTON re: 

Outreach Programs 9 

Basic Opportunity Grants 9 

Motion to Confirm 9 

Committee Action 10 



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SHERRY LANSING, Regent 

The University of California 10 

Introduction and Support by 

CHAIRMAN BURTON 10 

Background and Experience 11 

Questions by SENATOR HUGHES re: 

Task Force on Admissions to 

Medical School 17 

Importance of Having Physicians Who 

Reflect the Population's Ethnicity 18 

Ways to Correct Damage of SB 1 18 

Motion to Confirm 20 

Witness in Support: 

PETER PURSLEY 

University of California Student Association 20 

Committee Action 21 

JUDITH HOPKINSON, Regent 

The University of California 21 

Background and Experience 21 

Questions by CHAIRMAN BURTON re: 

UC-Stanford Merger 24 

Protection of University' s Assets 25 

Questions by SENATOR HUGHES re: 

Vision for University of California in 

Twelve Years 27 



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VI 



Ways to Make University More Attractive to 
Ethnic Communities 27 

Keeping Students in School 28 

Questions by CHAIRMAN BURTON re: 

Ratio of Acceptance vs . Enrollment 29 

Motion to Confirm 30 

Witness in Support: 

PETER PURSLEY 

University of California Student Association 3 

Committee Action 32 

ODESSA JOHNSON, Regent 

The University of California 32 

Introduction and Support by 

SENATOR DICK MONTEITH 32 

Statements in Support by 

ASSEMBLYMAN DENNIS CARDOZA 33 

Background and Experience 34 

Questions by CHAIRMAN BURTON re: 

Charley Spencer 38 

Junior College vs. Community College 3 8 

Modesto Relays 38 

Modesto JC Basketball Tourney 39 

Motion to Confirm 39 

Witnesses in Support: 

PETER PURSLEY 

University of California Student Association 40 



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VII 



RAUL ORTEGA, Commander 

American GI Forum, Central Valley 41 

VENESSE METCALF, Director 

Staff Diversity 

Yosemite Community College District 41 

Committee Action 42 

Termination of Proceedings 42 

Certificate of Reporter 43 



P-R-O-C-E-E-D-I-N-G-S 
— 00O00 — 

CHAIRMAN BURTON: What we will do, because 
Senator Alpert's here and has to go to the hearing, we'll take 
John Moores out of order so that Senator Alpert, who wanted to 
introduce her constituent, can do so and get up to Education. 

SENATOR ALPERT: Thank you, Senator Burton, for 
allowing us to go first. 

I did want to have the opportunity to introduce 
John Moores because he is, I think, in San Diego we consider 
ourselves extremely fortunate to have him as one of our own. 

For John Lewis, the baseball fan in the crowd 
here, he is the owner of the San Diego Padres. We're very proud 
of that as well. 

But I think he is so much more, and that's what 
has made him so popular in San Diego. When he came to town, he 
immediately began to assist many different groups. He has been 
incredibly generous with his money and his time. 

When he lived in Texas, where he graduated from 
the University of Houston and also got his law degree there, he 
served on the Board of Regents of his alma mater and took time 
to work on education issues. And again, after he's come to San 
Diego, he has provided resources for San Diego University, the 
University of California, and many other worthy causes. 

I do remember one time talking to him, and he 
talked about the fact that when he died, he wanted to say he had 
given away the money that he had made to help other people. 
That really, to me, epitomizes what this man is all about. I'm 



1 very appreciative that he's willing to take the time to be a 

2 Regent and to help lead the University of California. 

3 With that, I would give you John Moores. 

4 MR. MOORES: Thank you, Dee Dee. 

5 CHAIRMAN BURTON: Do you have any comments? 

6 MR. MOORES: Well, it's obviously — I'm very 
pleased to have a chance to serve on the Board of the 
University. My experience as a Regent before in Texas was 

9 something that absolutely changed my life. For one thing, I had 

10 no idea that there were that many hours in the day. 

11 The University at that particular time, some ten 

12 years ago, was going through a considerable amount of turmoil. 

13 It was a terrific learning experience for me. I came out a lot 

14 smarter after the end of the experience. 

15 I had to resign early. The appointment was for 

16 six years. I left after four years because of a state residency 

17 requirement, and I was required to move to California, which was 

18 very nice, when I bought the Padres. 

19 What I hope is that the little business 

20 experience I've had over the years will help me in whatever role 

21 I am able to play at the University, and that, frankly, I guess 

22 we all want to be an agent for constructive change for the 

23 school. 

24 I'm concerned about a lot of things. I feel real 

25 sorry for kids that get out of college right now that have a 

26 high level of personal debt. I'm a little concerned about the, 

27 perhaps, the lack of plans that, as I understand, are for the 

28 University to expand. 



I had the fortune of living in California in the 
'60s, when the University was going through a lot of expansion. 
And I think it's going to be pretty hard for anybody, as they 
reflect back on the history of this state and look at the 
present status, the economic status of California, and not 
conclude that the University of California made life better for 
many, many people in California and in the United States. 

So, I worry a little that the University and 
perhaps the state are resting on their laurels. I think it 
would be nice for this state and for the University to consider 
expanding campuses as the population centers move away from the 
coastal regions. 

I know that there are a lot of things that the 
University needs to do. It's doing some things extremely well. 
I want for them to continue doing things as well as they have in 
the past. 

Thank you. 

CHAIRMAN BURTON: Senator Lewis. 

SENATOR LEWIS: Good morning. 

MR. MOORES: Good morning. 

SENATOR LEWIS: First, I guess I'd be remiss if I 
didn't congratulate you on the Ryan Klesko acquisition. 

I did want to ask you, since 1990, the average 
cost of attending UC has gone up by 41 percent. There's a lot 
of talk right now as to what to do with state's new found 
riches. 

Do you think considering a tuition cut would be 
appropriate? If so, how much would you favor? 



1 MR. MOORES : I don't have a position on how 

2 much. I would hate for tuition to continue to go up in the 

3 future as much as it has in the past. 

4 It's obvious that students now have more capacity 
to pay tuition than they did 30, and 40, and 50 years ago. I 

6 don't think there's any question about that. But increasingly 
the role of the University has been moving in the direction of 

8 graduate school, postgraduate education. And I'm a little 

9 uncomfortable with shouldering that particular burden on the 

10 backs of undergraduates. 

11 It seems like it's getting harder and harder and 

12 harder for the kids to get out in four years, for whatever 

13 reason. So, the longer they're in school, the more personal 

14 debt that they tend to have heaped on their backs. 

15 So, perhaps from my standpoint, the best 

16 situation would be at least some stabilization. 

17 Again, if there are extra monies laying around 

18 the state, and I'm sure there's going to be a big scramble for 

19 people to try to do, to frankly do what they can with it, I 

20 would hope that the highest and best use of education dollars 

21 would be to provide new facilities for this state. 

22 CHAIRMAN BURTON: Senator Hughes. 

23 SENATOR HUGHES: I admire the kinds of things 

24 that you have been involved in. 

25 I'd like to know a little bit more about the 

26 River Blindness Foundation, and how you became interested in 

27 that? 

2 8 MR. MOORES: That is a long story. I'll give you 



the very, very short version. 

River Blindness is a disease that's caused by a 
parasite that people get by being bitten by an infected fly. 
It's absolutely terrible. Probably the blindness is only one of 
any terrible side effects, so it's difficult to say that's the 
worst one. 

There's a cure for it. If you're blind, you do 
not regain your eye sight, but the drug company Merck made pills 
available that are really a miracle cure. The problem was 
getting the pills to where they were. Most of the world's River 
Blindness occurs in Africa. So, the pills were free to 
qualified organizations. The problem was distribution. And it 
turns out it's a serious problem. 

I founded an organization that was successful in 
reaching our target of putting a pill in somebody's mouth for a 
dollar. That is, that was our total distribution cost. 

We ultimately folded our organization into the 
Carter Center that's run by President Carter, upon whose broad 
shoulders the goal continues. We probably, as the Carter 
Center, and I'm on the Board of the Carter Center, probably has 
given away somewhere around one hundred million tablets, and 
they're making giant strides. 

SENATOR HUGHES: Are there any cases of River 
Blindness that you're aware of in Texas or in other places in 
the United States? 

MR. MOORES: No, it would only be the occasional 
immigrant that comes in. It's not a serious health problem. 

There are six countries in the Americas, however, 



1 that do have a fair amount of River Blindness. It should be 

2 eradicated, I would think, in the Americas in the next number of 

3 years. 

4 SENATOR HUGHES: How do you think your 
experience, and it must have been thrilling to be on the Regents 

6 of University that you graduated from. What did you learn from 
that that you think you are utilizing now at the University of 

8 California and that we could benefit from that experience? 

9 MR. MOORES: Well, people care a lot about 

10 universities. I mean, it's just the nature of them. We all 

11 want to give something back. And it's terribly difficult to 

12 resist the temptation to want to micromanage. And our job as 

13 Regents is not to do that, but it's to gain an understanding of 

14 what the large picture is. 

15 I think this is quite analogous to a position on 

16 a private board. You want to set policy; you don't want to 

17 micromanage. 

18 It's very, very hard, however, to step back and 

19 see the big picture because the big picture involves 

20 accumulating a lot of small facts that together will paint a 

21 broad picture of what's going on. And I found that's much 

22 harder than it appears. 

23 SENATOR HUGHES: Ever since the Regents passed 

24 SB 1, there have been substantial declines in the ethnic 
minority students who applied and who, even after granted 
admission, didn't pursue that opportunity, 

How do we go about, or are you committed to going 
about correcting that problem so that students, after they are 



admitted, do take advantage of the wonderful opportunity to go 
to one of the finest universities in the world? 

MR. MOORES: I think you said it pretty well. It 
is one of the finest universities in the world. 

In the number of discussions that I've had with 
folks in the San Diego community, it's a little disconcerting to 
realize that whole segments of the population do not feel that 
it is reasonable for them to ever be able to attend the 
University of California, where ever that may happen to be 
located. They're only dimly aware that the school exists. They 
don't understand the process about getting in, and they don't 
think, frankly, that they'll ever have a chance to do that. 

So, I think the best thing that the University 
can do, commensurate with keeping — with meeting its 
responsibilities to maintain a high educational standard, is to 
reach out to the community, to visit high schools, to explain to 
kids, "Look, lots of people are just like you that have been 
able to change their lives, and the University will do whatever 
it takes to get you in." 

SENATOR HUGHES: What are we going to do in order 
to help the University grow so that they'll be able to fill the 
number of requests that are going out, the goals and ambitions 
for Californians to have their students go to our fine 
University? What are we going to do? 

MR. MOORES: Again, I think I would favor a more 
visible presence of the University in new communities around the 
state. 

I think for far too many kids, the University 



8 

1 remains something that they read about in the sports pages. 

2 They don't see it as something that their peers or their parents 

3 were able to participate in. 

4 I would like to see, frankly, in the next 10 or 
20 years, three, four, or five new campuses. The more visible 

6 the campuses are in the community, in my opinion, the more kids 
will frankly think that they can get in. 

8 SENATOR HUGHES: What about the programs that we 

9 have in Washington, D.C. and the program aboard ship that 

10 students try to get into? Are you aware of how many of those 

11 students are ethnic minorities, specifically Hispanics and 

12 African-Americans? 

13 I've always been curious about that, and I don't 

14 know the answer. 

15 MR. MOORES: Senator, I have no idea. It's a 

16 great question, though. 

17 SENATOR HUGHES: Do you think if there's a 

18 program like that, that it should be representative of the 

19 ethnic makeup of our state, and representative of the growing 

20 ethnic minority, which will soon become the majority in our 

21 state? 

22 I think that's a wonderful opportunity. 

23 MR. MOORES: I would love to see almost every 

24 program the University's involved in have students that look 

25 like America, as opposed to, perhaps, the way it was in the 

26 past, and to some extent still is. 

I see no reason that there shouldn't be an 

overwhelming amount of diversity in just about every area the 



9 

University engages in. 

CHAIRMAN BURTON: Just following up on Senator 
Hughes. And I don't know if the Regents have a program now or 
are involved, but trying to do outreach to the various 
communities to inform and encourage students in the high 
schools — and I guess maybe even get to UC from the community 
college, I don't know — of the attraction to the UC system, 
one. 

And then two, and what we are going to try to do 
this year is increase Basic Opportunity Grants, and things of 
this sort, so that qualified students, but those that, you know, 
do not come from well-to-do families, have a shot at going to 
school without becoming indentured slaves. 

I would hope that during your service on the 
Board that you'd push for both the outreach and for that 
program. 

MR. MOORES: I'm very enthusiastic about that, 



Senator. 



John? 



CHAIRMAN BURTON: Did you bring any family up, 



MR. MOORES: No, they're all in school today. 

CHAIRMAN BURTON: Witnesses in support? 

SENATOR HUGHES: Move the nomination. 

CHAIRMAN BURTON: All right, Senator Hughes 
moves. Call the roll. 

Witnesses in opposition? I always forget that, 
opposition. 

Call the roll. 



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SECRETARY WEBB: Senator Hughes. 

SENATOR HUGHES: Aye. 

SECRETARY WEBB: Hughes Aye. Senator Knight. 

SENATOR KNIGHT: Aye. 

SECRETARY WEBB: Knight Aye. Senator Lewis. 

SENATOR LEWIS: Aye. 

SECRETARY WEBB: Lewis Aye. Senator Burton. 

CHAIRMAN BURTON: Aye. 

SECRETARY WEBB: Burton Aye. Four to zero. 

CHAIRMAN BURTON: Congratulations, John. 

MR. MOORES: Thank you. 

CHAIRMAN BURTON: Next, Ms. Sherry Lansing. 

I will take the Chair's prerogative — and we'll 
keep the roll open for Senator Lewis — which is to introduce my 
friend. 

We couldn't invent the ideal person to serve on 
the Board of Regents, but if we could invent them, I think it 
would come in the form of Sherry Lansing. Business person, 
community activist, natural leader, who started out as a school 
teacher in South Central L.A. 

SENATOR HUGHES: In my district. 

CHAIRMAN BURTON: Exactly, which we felt would 
pick up your vote. 

Moved into the entertainment industry. As I 
recall, was actually a script person with Governor JJ, right? 
Among other things, she's been the Chair of the motion picture 
group of Paramount Pictures since '92. Under her leadership 
there have been three Academy Awards. She has broken more 



11 

barriers in Hollywood than any woman in our time. 

But more importantly, she gives back to the 
community. She Chairs Stop Cancer Organization, a co-founder of 
Big Sisters Endowment Fund that provides college scholarships 
for graduating little sisters. She sits on the Board of Teach 
for America, the American Foundation for AIDS Research, and 
Cedar Sinai, as well as many others. She's got awards that are 
too lengthy to go on. 

So, I'm very pleased to present to the Committee 
Ms. Sherry Lansing. 

MS. LANSING: Thank you, I appreciate it. 

Thank you. I am delighted to have the 
opportunity to express to all of you today why I feel so 
strongly about becoming a Regent of the University of 
California, and to tell you about some of the goals that I hope 
to accomplish. 

I have always had a profound belief in the power 
that education gives us to improve the quality of our lives. 
Before I entered the film industry, as John said, I had a 
first-hand opportunity to observe this power when I taught high 
school math and English to disadvantaged students in Watts in 
East L.A. Working alongside youngsters mired in poverty, I was 
struck by how much the American dream depends on access to 
educational opportunity. And conversely, the ruinous impact 
that a lack of education can have on someone's life. 

We like to think that if we work hard, we'll get 
good jobs, we'll develop economic security, we'll buy a home, 
and we'll be able to educate our children, so that each 



12 

1 generation will become more prosperous than the one preceding 

2 it. 

3 Yet here was a community where this simply wasn't 

4 happening. Parents were working hard, but there was no upward 

5 mobility. Teachers were working hard, but they lacked the 

6 resources to motivate the students and to impart basic skills. 
Many students looked toward a future with few jobs open to them 

8 even if they did graduate. 

9 Higher education really didn't come into this 

10 picture very much, and yet it seemed to me that higher education 

11 would be the only element that could actually change that 

12 picture. Without it, I saw little for these kids but a life of 

13 hard toil and despair. That image has never left me. 

14 And so, though I left teaching as a profession, I 

15 simply never left it in my heart. Throughout my life, I've 

16 worked hard to promote educational opportunities for 

17 underprivileged youth. As Senator Burton said, I co-founded the 

18 Big Sisters of Los Angeles Future Funds to provide college 

19 scholarships for graduating little sisters. 

20 I was also a founding member of the California 

21 Mentor Council, helping to launch a statewide initiative to 

22 promote mentoring throughout California. I've supported Teach 

23 for America, which recruits talented college graduates to teach 

24 in districts suffering teacher shortages. 

25 I've also encouraged employees at Paramount to 

26 participate in our company's many ongoing community service 
activities, including our Daughters to Work Day, an annual 
company volunteer day, and our own mentoring program in which 



13 

over 150 Paramount employees spend an hour a week with 
at-risk youngster. 

I am really excited at the prospect of taking an 
even more direct role in promoting educational opportunities to 
California's youth through my participation as a Regent. The 
University of California continues to be the bridge that 
provides a way for young people to achieve success 
intellectually, personally, and professionally; in short, to 
achieve the American dream. 

That is why I am so passionately committed to 
this institution. As a Regent, I will support the U of C in 
accomplishing its multi-faceted mission of teaching, research, 
and public service. 

One area where I particularly hope to contribute 
is in helping the University with its outreach programs, and 
helping to expand educational opportunities to disadvantaged 
communities . 

We are pursuing a two-pronged approach. First, 
we need to provide better preparation of students at the primary 
and secondary levels so that they can enter and succeed at the 
University. To that end, I look forward to helping the 
University of California promote the educational objectives 
which the Governor and the Legislature have initiated at the K 
through twelve level. 

Second, we need to communicate with people more 
effectively about the University in terrs --f /.:.;: c V:.:ver 
education can do for them, the courses that they need to qualify 
for admission, and the financial aid packages that are 



14 

1 available. 

2 It has been shown that many California students 
have a variety of misconceptions about the University which 

4 prevent them from applying. With my background in the 

communication and media, I think that I can make a contribution 

6 to overcoming these misconceptions, and thus broadening the 
opportunity for students to get a UC education. 

8 All of California will benefit as every element 

9 in our diverse population becomes more educated and more 

10 capable. 

11 A second goal I have as a Regent is to enhance 

12 the UC as a resource for California's economic development. For 

13 as much as the University of California provides the means to 

14 achieve individual success, it also provides the innovative 

15 research discoveries and the talented graduates who together 

16 help our state to grow and to prosper. 

17 As a part of a business that is a consumer of 

18 outstanding UC Film School graduates, I can testify personally 

19 that these discoveries and the highly trained young people have 

20 greatly benefitted the entertainment industry. All of 

21 California industries will reap similar benefits from the 

22 University of California. 

23 I also have a third goal that I hope to 

24 accomplish through my tenure as a Regent. This one, though no 

25 less important, emerges from personal reasons. I want to help 

26 the University of California develop its outstanding 

27 capabilities in the health sciences. 

28 Several years ago, I watched my mother fight a 



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hopeless battle with ovarian cancer. The helplessness I felt in 
the face of this disease galvanized my interest in trying to 
find a cure for cancer. For the past 10 years, I have chaired 
Stop Cancer, an organization that funds promising research 
projects at UCLA's Johnson and USC's Norris Cancer Centers. To 
date, Stop Cancer has awarded dozens of grants. It has 
catalyzed significant discoveries, including the gene that 
causes one of few remaining hard to treat killer leukemias, as 
well as new ways of treating breast cancer. 

Also as a part of the Friends of Cancer research, 
I've actively petitioned the government for more federal funds 
for biomedical research. I've met with our Senators and our 
Congressmen, as well as testified before Congress several times 
on this issue. 

My work on cancer, and over the last year my 
participation at Regents meetings, introduced me to the breadth 
and depth of medical research being accomplished at the UC. I 
want to do what I can to promote funding that will allow UC 
scientists to push forward with their vital research efforts. 

I would also like to play a role in preserving 
and strengthening the UC's role as an outstanding health care 
provider for the community. The UC medical centers and schools 
are confronting immense long-term challenges that are changing 
and perhaps even jeopardizing the national health care system. 
Just as I believe strongly in increasing access for educational 
opportunity, I am firmly committed to providing access to 
quality health care, the type of care that the UC medical system 
has historically provided to every Calif ornian. We must 



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vigilantly protect this treasure. 

The opportunity to serve on the Regent's Health 
Service Committee at this crucial time is one that I therefore 
willingly embrace. 

Membership on the Board of Regents of the 
University of California requires a substantial commitment of 
time, energy, and intellectual preparation. I have demonstrated 
my willingness to fulfill this commitment throughout consistent 
attendance at the Regents meetings and acceptance of significant 
committee responsibilities. I believe that I can work 
effectively with the administrative leadership to enhance the 
innovative research and instructional excellence that the UC and 
the California economy are unsurpassed in our own strength and 
vitality. 

My work on behalf of cancer research has prepared 
me to participate knowledgely on the Regents Health Service 
Committee, on which I currently serve as Vice Chair, and I am an 
active member of the Committee on Educational Policy, for which 
my background as a teacher and my experience in the L.A. Unified 
School District has prepared me also to contribute. 

I am a member of the Regents Investment 
Committee, and I believe that my experience running a large 
corporation has prepared me to fulfill the fiduciary 
responsibilities of that Regent's task, to manage the 
University's very substantial assets. 

Finally, I believe that my professional 
background in the entertainment industry has given me valuable 
skills in communicating ideas and information effectively 



17 

through the media, which will prove as an asset to the 
University and the people of California. 

In conclusion, my commitment to the University of 
California is as great as anything I have ever undertaken in my 
life. It is my sincere hope that my appointment will be 
confirmed so that I can continue to serve the University to the 
utmost of my ability and do my part to make it an even greater 
resource for the State of California. 

I thank you for your time. 

CHAIRMAN BURTON: Senator Knight. 

SENATOR KNIGHT: As you indicated, Mr. Chairman, 
this is the perfect candidate, so therefore, I don't see how we 
can have any questions. 

MS. LANSING: Thank you, thank you. 

CHAIRMAN BURTON: How mellow we get. 

Senator Hughes. 

SENATOR HUGHES: You're really in trouble. 

I admire you and the previous candidate for your 
involvement in health issues because it's all about people, and 
it's all about people staying alive and well and having a good 
quality of life. 

I am concerned and interested in knowing what you 
are doing, and are you on the task force that monitors this? 
There was task force whose work was to be completed by the year 
2000. I don't know whether you know the answer to this or not, 
the Task Force on Admissions to Medical School? 

MS. LANSING: Well, I know that we're trying very 
much to do outreach programs to reach into the medical 



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communities to recruit more minority students. And it is very 
concerning, the drop in minority admissions. 

And I think it brings back the need for more 
outreach programs, and to educate people as to what is available 
to them, and in particular the medical area, to train more 
doctors from minority groups. 

SENATOR HUGHES: How important do you think it is 
to have physicians who reflect the ethnicity of the population, 
majority population, not only the language barriers, but the 
cultural — 

MS. LANSING: I think it's very important, 
because being a physician requires more than just medical 
knowledge. It also requires human knowledge, and it requires 
being able to relate to the patient. And if you don't speak the 
same language, you have a tremendous barrier, and you cannot 
give them the comfort. 

There's enough research to show that patients 
need to trust their doctor. And if they trust their doctor, 
often their healing process is quicker. 

So, I think it's extremely important. And I 
think we must continue our outreach programs. 

SENATOR HUGHES: In face of the passage of SB 1, 
there have been rumblings. I understand that there's some 
possibility of changing and softening that language so that 
people are not so fearful of not being admissible so they don't 
even apply. 

How do we correct that? How do we get everybody 
who wants to be a physician, everybody who wants to be a lawyer, 



19 

1 everybody who wants to go to a professional school, to look 

2 first at the University of California, and then maybe second to 

3 other institutions? How do we get that? 

4 MS. LANSING: I am a big believer in the outreach 

5 programs. I believe that a lot of the initiatives that are 

6 being presented in the budget, such as working with the teachers 

7 to raise the quality of K through 12 education, also giving 

8 special AP classes for certain students, educating them in math 

9 and English, all of that is extremely important so that UC works 

10 in a partnership with the K through 12 schools. 

11 In addition, I believe that we also have to work 

12 with the counselors at the schools so that they work 

13 individually with the students. 

14 Then, when all of that, simultaneous with all of 

15 that, I believe that we have to communicate our message 

16 better. And I believe that there are other ways that we can do 

17 it. And I think that, for example, one of things that I've been 

18 thinking about and have been trying to figure out a way to 

19 implement is communicating our message like we communicate a 

20 message in a movie, and selling the University, and letting 

21 people know what the University is. 

22 Perhaps through PSAs, public service 

23 announcements. Perhaps getting alumni to talk about the school. 

24 Having films that would be shown, you know, in the high school, 

25 maybe even in movie theaters. 

26 I don't have all the specifics of it yet, but I 

27 think this is untapped area because we need to educate the 

28 parents and educate the students so that they know that they are 



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welcome, and that they can apply, and how to do so. 

SENATOR HUGHES: I'd like to move the nomination. 

CHAIRMAN BURTON: Sherry, did you bring your 
family up? 

MS. LANSING: No, they're in school. My 
husband's working, and my son's in school. 

CHAIRMAN BURTON: I'd rather see your husband in 
school and your son work. 

Witnesses in support? 

MR. PURSLEY: Peter Pursley on behalf of the 
University of California Student Association. 

At our board meeting last weekend, the board 
voted unanimously to endorse the candidacy of Ms. Lansing. 
She's done an outstanding job. She's there. We don't doubt her 
commitment, and we're looking forward to her helping to change 
the direction of this Board. 

Thank you. 

CHAIRMAN BURTON: Any witnesses in opposition? 

Moved by Senator Hughes. Call the roll. 

SECRETARY WEBB: Senator Hughes. 

SENATOR HUGHES: Aye. 

SECRETARY WEBB: Hughes Aye. Senator Knight. 

SENATOR KNIGHT: Aye. 

SECRETARY WEBB: Knight Aye. Senator Lewis. 
Senator Burton. 

CHAIRMAN BURTON: Aye. 

SECRETARY WEBB: Burton Aye. Three to zero. 

CHAIRMAN BURTON: Keep the roll open for Senator 



21 

1 Lewis. 

2 Congratulations. 

3 [Thereafter, SENATOR LEWIS 

4 added his Aye vote, making the 

5 final vote 4-0 for confirmation.] 

6 CHAIRMAN BURTON: Judith Hopkinson. 

7 Senator O'Connell was to introduce Regent 

8 Hopkinson. Because of a severe illness in his wife's family, he 

9 will not be present. So, his thoughts are with you as our 

10 thoughts are with his parents. 

11 MS. HOPKINSON: Thank you. 

12 Good morning, Senators. It is an honor to come 

13 before you today for consideration for appointment to the Board 

14 of Regents of the University of California, our country's most 

15 prestigious public institution of higher education. 

16 I am fortunate to be a graduate of the University 

17 of California at Berkeley, and to be a beneficiary of the 

18 excellent University system and California's commitment to 

19 excellence in higher education. 

20 I The challenges that we face over the next decade 

21 in maintaining this excellence and meeting the needs of our 

22 young people are significant. There are three issues that I 

23 think are overwhelming in that regard that I will be devoting my 

24 energies to. That I believe there are many opportunities in 

25 those challenges. 

26 The first is accommodating the more than 40 

27 percent increase in our enrollment projected for the next 

28 decade, while maintaining and enhancing the education of our 



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University. This is a daunting task. 

I was at the University in the ' 60s when there 
was a similar but not nearly as large a challenge facing the 
University. And I believe that the State of California will 
meet that challenge, but it's going to take the dedication and 
resources of a lot of people to do that, and a lot of attention 
and commitment. 

And I believe that the people in this room, 
including myself, are prepared to do that. 

Second, providing opportunities for all of the 
state's young people, achieving diversity, is of critical 
importance. We have a state with demographics that are very 
different than they were a decade ago, and decade from now will 
be very different. And it's our responsibility to have a 
University system that has a student population that represents 
the diversity of our state. And we need to take whatever action 
is appropriate and necessary to achieve that diversity. 

Third, retaining the quality of our patient care 
at our teaching hospitals, and the financial hospitals — and 
the hospitals' financial health in the face of the changing 
business of medicine is an additional challenge that we are just 
beginning to see, part of which was manifested in the 
Stanford-UC San Francisco merger. And it's going to be 
compounded as the months and years go forward. 

What contribution can I make to helping the 
Regents and the University of California successfully meet these 
challenges? My years in the public sector, including five years 
on the California Transportation Commission, as well as ten 



23 

years in the public arena, both in San Francisco and in 
Pasadena, provide me with a background to operate in a very 
public arena, dealing with issues that have significance and 
impact on many people, and an environment where resources are 
limited and must be strategically used to accomplish the 
mission. 

My experience both as an entrepreneurial business 
owner and a corporate executive at a large national financial 
services company provides me with the perspective of the 
business aspects of the very large diverse organization that is 
the University of California today. 

How do I see my role as a Regent? The Regents 
have a responsibility to establish strategic and policy 
direction, provide oversight for all the University's 
activities, and align our policies and strategies and budgets to 
achieve our goals. This sounds a little Pollyannish, but I do 
not believe we ought to be involved in day-to-day administration 
of the University. That the role of the President and the 
Chancellors at our Universities are key in that regard, and we 
should depend on their effectiveness to do that. 

For the University to continue to be the high 
quality education that we have today, we must all jointly — the 
Governor, the Legislature, we as Regents, the President, the 
Chancellors, the faculty and students — work together in a 
committed fashion over the next decade. 

I am grateful to both the Governor and the 
Legislature for the emphasis that has been placed on our 
educational system in recent months and years, and I believe 



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that is the attention and focus that's needed throughout the 
next decade. 

Based on my background and my commitment to 
provide the time and intellectual resources that are needed to 
perform as a Regent, I believe that I can make a valuable 
contribution to the University of California. And I thank you 
for your consideration. 

CHAIRMAN BURTON: Thanks for reminding me of an 
issue that I forgot to ask the other two Regents about, the 
UC-Stanford merger, which I did not like from the get-go, but 
was convinced by people that I respect, who I'm sure know a lot 
more than I do about a lot of things, that it might work. 

Where is that? 

MS. HOPKINSON: The merger has effectively been 
terminated, and we are in the unwinding process. 

CHAIRMAN BURTON: Tell me about the unwinding 
process . 

MS. HOPKINSON: Well, the entity that has been 
created, or was created, for the merger is an independent group 
which has representatives from Stanford, from UC, and outside 
directors. They have the responsibility for unwinding that. 

However, obviously, the University staff is 
intimately involved in that. They've developed a program, and 
the indications are that that may be able to have effectuated, I 
believe, as early as March, but probably not until sometime in 
June. 

CHAIRMAN BURTON: And who's going to make sure 
that the University's assets that were put into this are fully 



25 

protected? How is that going to be done? 

MS. HOPKINSON: We have a group, and Sherry 
Lansing is on that committee, the Health Services Committee, 
that is very active. Two members of that committee serve on the 
Board of Directors of that corporation. And we receive regular 
reports and have some pretty significant interaction at Regents 
meetings on that. 

The President's Office, obviously, also has 
people that are very focused on it. 

CHAIRMAN BURTON: And there is a plan that was 
adopted either by the Regents or by the entity? 

MS. HOPKINSON: By the entity. 

CHAIRMAN BURTON: And that's a public document, I 
guess? 

MS. HOPKINSON: I would presume it is. I would 
have to check that, but I presume that's a public document. 

CHAIRMAN BURTON: Because, I mean, my concern is 
that the whole way this was put together, and I would hope that 
the Regents never again get involved in something like this 
without really looking into it, because it was and absolute 
steamroller thing. 

In my mind's eye, I see two or three people, 
after some conference, smoking their cigars, walking outside and 
saying, "Wouldn't this be a wonderful thing for us or for 
somebody?" And they put it together, little public input, and 
when it's all over, all of a sudden, Stanford, in my judgment, 
for whatever reasons, decided, well, it's not as good for us as 
we thought it would be. And then, next thing we know, it's out. 



26 

1 I just am going to be very curious as to how much 

2 or how many of the state's assets that were put into this are 

3 either lost or diminished. 

4 It's about the third time in my life I didn't 
follow my gut, and my gut proved to be a lot better than my 

6 brain was on the thing. 

Maybe, Steve, if you could check, see about that 

8 plan or whatever, because one of the things that we're 

9 considering doing once they get an Auditor General, or maybe 

10 before, is have the Audit Committee look at it, you know, to see 

11 what's going on. 

12 Because the way it was put together, you know — 

13 who chaired the entity, Isaac? Who really was a Stanford guy 

14 and was more interested in Stanford than he was in the entity, 

15 in my judgment. And I like Isaac all right, but the thing 

16 seemed, in my judgment, to have been put together for reasons 

17 other than "this would be great." I think the tangential thing 

18 was, "this will be great for health care in general," or 

19 whatever, and I think it was kind of an ego trip on the part of 

20 Casper Isaac and God knows who else. 

21 So, we're very interested in following up on 

22 that. I'm really interested in seeing if anything like that 

23 ever is brought to the Regents' attention. What is it, do 

2 4 something in haste and repent in leisure? Haste makes waste, 

25 anyway. 

2 6 Senator Hughes. 

27 SENATOR HUGHES: You are facing a twelve-year 

2 8 term. You are an architect. 



27 

What is your vision for twelve years from now for 
the University of California? 

MS. HOPKINSON: Twelve years from now, I see us 
at a place where we will have a student body of 210,000 people, 
with an additional campus in Merced serving a very underserved 
area, with a more creative in ways that we can't articulate 
today programs for bringing students into the fold that have 
historically been excluded from the University. 

And I think the University of Merced today is 
starting some of those programs by having remote campus 
facilities in locations that are other than at a main campus. 

SENATOR HUGHES: So, this way you will embrace 
the rural population? 

MS. HOPKINSON: Yes, very much so, urban 
population that has traditionally not had students come to the 
University in the numbers that represent their population in the 
State of California. 

SENATOR HUGHES: In light of SB 1, how do you 
become more attractive to the growing ethnic communities that 
occupy our state, because they've been scared off? Many of them 
are going to the East Coast or southern universities, and 
you're the first Regent that we've interviewed that's a product 
of the UC system. 

How do you make sure that the rest of the people 
who now occupy our state have the wonderful opportunity that you 
had? 

MS. HOPKINSON: I, as a student of California, 
was a student from a school district that didn't historically 



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send people to the University of California. And at that time, 
there were no outreach programs. And coming to Berkeley as a 
student from that kind of environment was incredibly 
intimidating. 

And the University, at the size we currently are, 
are very difficult for people to feel comfortable making that 
kind of move. 

I think we need to do a tremendous amount more in 
dealing with junior high and high school students, not only in 
preparation, but in familiarity with the University, and 
introducing them to the University at a very early age so they 
don't have that discomfort, and they will feel that they have 
the opportunity and can come to the University, and will be 
welcome at the University. 

And certain individual campuses have started some 
of those programs on a small basis. We just need to do a lot 
more of it, and we need to focus on that. And we need to 
provide the economic assistance to those students so that they 
will be able to come to the University. 

And once they have been accepted, we need to be 
sure that they do come. Currently, our acceptance to enrollment 
ratio is around 50 percent. 

SENATOR HUGHES: All right, acceptance is fine. 
It's like being accepted to the Padres for team. 

Who's going to keep you there if your batting 
average who's? Going to keep you there and see that you do 
finish and you do get a degree? What do we need there? 

The elementary, the junior high, and the high 



29 

school teachers help you get there. Now you're there. What 
happens to you? 

MS. HOPKINSON: I believe that some of the 
programs that were eliminated when we had the financial crisis 
that we had earlier in the '90s could be very effective if 
reinstated. Those include counselling and tutoring. 

I happen to be a graduate of the School of 
Architecture, and I have been working with some of the folks in 
the School of Architecture. And they were very, very supportive 
of those programs, which are no longer in existence in the 
School of Architecture as a professional school. And we're 
hoping to reinstate some of those on a small basis at the 
University of California at Berkeley. 

SENATOR HUGHES: What are you going to do as a 
Regent to see that that happens? 

MS. HOPKINSON: I am going to bring that forward 
at every opportunity I have, and focusing on where we're putting 
our resources to be sure that we can do that kind of thing. 

SENATOR HUGHES: Thank you. 

CHAIRMAN BURTON: Why do you think it is that 
people are accepted and then don't go? Other offers, other 
things? If the percentage is real high, there must be kind of a 
basic reason. 

MS. HOPKINSON: I think part of the reason is 
that private universities offer financial assistance to those 
students more significant than the University of California. 
And they also have a very aggressive recruitment program for 
those students. 



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Our program is not as intensive as those private 
institutions . 

SENATOR KNIGHT: I don't have any questions. 

SENATOR HUGHES: Move the nomination. 

CHAIRMAN BURTON: Moved by Senator Hughes. 

Do you have any family? 

MS. HOPKINSON: I do not have any family with me 
today, thank you. 

SENATOR HUGHES: We have strong people here. 
They can stand on their own. 

CHAIRMAN BURTON: But don't you think it's kind 
of an insult to the Committee that nobody thought enough about 
us to bring anybody here? 

[Laughter. ] 

SENATOR HUGHES: No. By this time they're 
adults. They've come this far. 

[Laughter. ] 

CHAIRMAN BURTON: Any witnesses in support? 

MR. PURSLEY: Again, on behalf of the University 
of California Student Association, the statewide official 
student representative body, the board has also endorsed 
Ms. Hopkinson's candidacy unanimously. 

Her commitment and her appreciation of the 
challenge of Tidal Wave Two particularly stands out. 

We also appreciate her willingness, as she said, 
quote, "take any action necessary to address these diversity 
problems. " 

We welcome her to the Board and hope that, again, 



31 

she will contribute to that new direction. 

CHAIRMAN BURTON: And you are? 

MR. PURSLEY: Peter Pursley, with the UC Student 
Association. 

CHAIRMAN BURTON: Which is? 

MR. PURSLEY: The official statewide body that 
has representatives from each undergraduate, graduate, and 
professional school. 

CHAIRMAN BURTON: You're like a staff person? 

MR. PURSLEY: I'm the staff person. Students are 
hard to get up here. 

CHAIRMAN BURTON: Have you got any family in the 
audience? 

[Laughter. ] 

MR. PURSLEY: I've got a Queensland heeler at 
home, but she's not here. 

CHAIRMAN BURTON: Anybody in opposition? 

Moved by Senator Hughes. Call the roll. 

SECRETARY WEBB: Senator Hughes. 

SENATOR HUGHES: Aye. 

SECRETARY WEBB: Hughes Aye. Senator Knight. 

SENATOR KNIGHT: Aye. 

SECRETARY WEBB: Knight Aye. Senator Lewis. 
Senator Burton. 

CHAIRMAN BURTON: Aye. 

SECRETARY WEBB: Burton Aye. Three to zero. 

CHAIRMAN BURTON: Keep the roll open for Senator 
Lewis. 



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Thank you and congratulations. 

[Thereafter, SENATOR LEWIS 
added his Aye vote, making the 
final vote 4-0 for confirmation.] 

CHAIRMAN BURTON: Odessa Johnson. 

I guess you're here also, Senator. Do you want 
to come up, and Assemblyman Cardoza. 

Senator Monteith, for a few words of 
introduction, then Assemblyman Cardoza. 

SENATOR MONTEITH: Chairman Burton and Rules 
Committee Members, first of all, it's a pleasure to be here to 
support Governor Davis in the appointment of Odessa Johnson to 
the UC Regents. 

She has, I believe, a very unique background in 
coming out of South Carolina, and understanding what it takes to 
go to school because she's had to go on scholarships. She's 
worked her way through. 

She came to California, and after she received 
her M.A. from Columbia University, and her B.S. at Tennessee 
State University, she came to California, to Modesto, in 1962, 
and she taught at Modesto High School. From there, she worked 
her way and continued to improve her skills, and she ended up at 
Modesto Junior College. And over a period of time, she is now 
Dean of Community Education. 

She also has been on the Modesto High School 
Board for three terms. So, she's been on both sides of the 
question of education, from an educator and also from the Board 
and having to make some of the tough decisions. 



33 

She's also served on the California State 
Stanislaus State Advisory Board. She's a strong advocate in 
vocational training and various programs. 

And I think with the challenge that we have here 
in California today, with the growth that we are going to have, 
she has the experience, she has the talent in addressing the 
diversified needs that we have in reaching out and understanding 
what it's going to take to serve our young people throughout 
California. 

So, it's definitely my pleasure to be here today 
in support of Odessa Johnson. 

CHAIRMAN BURTON: Thanks, Senator. 

Dennis . 

ASSEMBLYMAN CARDOZA: Thank you, Senator Burton. 

It's truly my pleasure to be here on behalf of my 
friend of many years, Odessa Johnson. She is a tremendous lady. 

And as we've seen with the prior applicants to 
this position today — we've had business people who've done 
great works, philanthropic works. We've had an architect. 

We have today before us an architect of 
children's minds. And Odessa has done just a fantastic job in 
working with our area youth in a volunteer basis and a 
professional basis as well. 

We've talked a lot about diversity, or you have 
talked a lot about diversity today. 

Diversity in our area is something that we really 
need. We need to take these children that Odessa's been working 
with for a number of years and get them into the University of 



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California. She has first-hand knowledge of this problem. 

In our area, we have 2.5 percent of the 
population actually attends UC, much lower than the statewide 
average. Odessa's going to be there to help the Regents 
understand this problem in a very first-hand way. 

I encourage her confirmation. 

MS. JOHNSON: Thank you. 

Good morning. I'm honored to have been appointed 
by Governor Davis as a University of California Regent. I am 
passionately committed to the University's mission as a public 
research university and provider of top quality academic 
programs for a growing number of students. 

To me, this is far more than a prestigious 
appointment. It is a long-term commitment to help advance the 
academic and the research needs of the citizens of this great 
state and the world. 

The occasion of this appointment comes at a time 
in my personal and professional life when I am most able to 
devote the full energy, extent of my energy, enthusiasm, and 
expertise toward a new position of leadership. I will retire 
from my professional position at Modesto Junior College at the 
end of the school year, and bring to the Regents a depth and 
breadth of experience that stems from more than 37 years of 
education as an administrator, instructor, advisor, and 
counselor at the high school as well as the community college 
levels . 

Since 1991, I have been in the public policy 
arena as a Trustee of the Modesto City School Board, 



35 

representing grades K through 12. 

While my long-term goals include a plan to be 
responsive to the entire spectrum of issues facing the 
University, and to support policies and programs in the best 
interest of students and staff, including the challenge of Tidal 
Wave Two, retaining the long-term viability of the high quality 
of our hospitals and medical education, and UC's involvement in 
the improvement of the K through 12 schools, my short-term goals 
include three areas where I feel my background and experience 
will allow me to make the greatest contributions to the Regents. 

First of all, community college transfers. As we 
consider ways to accommodate Tidal Wave Two and the addition of 
60,000 additional students over the next 10 years, and as we 
struggle with diversity issues on our campuses, I believe the 
community colleges can play a vital role in accommodating growth 
as well as access to the University. The open door policy of 
the 107 California community colleges provides equal access to 
higher education and eventual transfer to the University for all 
students who meet eligibility requirements. This open door 
should provide the necessary academic support and motivation for 
students to access the University. 

What I believe to be missing on a number of 
occasions on our campuses is a message that reads, "The 
University of California can also be within your reach." 

The Master Plan ratio of 40-60 lower division to 
upper division students provides more than ample space for 
community college transfers, which would not close the door for 
any eligible students planning to attend the University, if not 



36 

1 as their first choice, but to a campus of the University. 

2 Enhancing transfer must be a priority for the 
University. I will advocate for and support continued 

4 refinement of transfer agreements and increased attention to 

5 encourage and assist potential students in making a smooth 

6 transition from the community college to the University. As a 
Regent, I hope to personally assist in some campus and community 

8 outreach. 

9 Student and staff diversity is another issue that 

10 is of concern to me. Since SB 1 and 2, and Proposition 209, 

11 there has been state and nationwide concern regarding their 

12 impact on campus diversity as well as campus climate. In 1970, 

13 white non-Hispanics accounted for almost 80 percent of the 

14 state's population. Today, they account for approximately 

15 half, with the other half accounting for most of the 

16 underrepresented population. By 2020, Latinos will be the 

17 single largest ethnic group in the state. 

18 The sheer size of the state's underrepresented 

19 population has important implications for all of us in 

20 education. Our competitiveness in the global economy, as well 

21 as the quality of life we all expect to receive, will depend on 

22 the level of education of our future generations. Therefore, 

23 without compromising the quality of our academic programs, we 

24 must continue to improve opportunity for underrepresented 

25 students to achieve eligibility and enroll at campuses of the 

26 University. 

27 Model curriculum standards for K through 12 have 
2 8 added new graduation requirements for all students, therefore 



37 

assuring in future years a larger pool of underrepresented 
students. In the meantime, we must continue to look for ways to 
bolster our outreach programs and work toward a seamless 
transition from K through 12 to the University. 

Experiencing a variety of interactions with 
diverse groups is critical to a well-rounded quality education 
that prepares students for living and working not only in 
diverse communities, but throughout the world. 

I will continue to support aggressive outreach 
efforts for all levels of education within the University, 
undergraduate and graduate, to include the Schools of Law and 
Medicine. 

The University of California at Merced is another 
goal that I hope to help the University achieve. I'm extremely 
pleased that the Regents have chosen to locate the tenth campus 
in Merced, and overjoyed at the Governor's commitment and plan 
to speed up the opening of the campus. 

Currently, only three percent of students 
graduating from high schools in the Valley, although six percent 
are eligible, attend the University, compared to other areas of 
the state. UC Merced will expand the horizons of students in 
the Valley as well as provide what is now being called an engine 
for economic growth for the region. Already, outreach efforts 
are bringing the vision of this new campus to Valley students. 
I will continue to advocate for and support the opening of this 
campus . 

Also, living in the Valley affords me a great 
opportunity to provide additional visibility and support for the 



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campus. I have consented to become a member of the UC Merced 
Foundation, and have helped their fund developer become 
acquainted with people in the Modesto community. 

This is a renewal of the best of times for the 
University, and I am pleased to be able to assist in maintaining 
the excellence this University has enjoyed throughout the years, 
and I appreciate being here today. 

CHAIRMAN BURTON: I have a few questions that are 
not necessarily related. 

Do you remember a guy named Charley Spencer who 
was on the Modesto School Board? 

MS. JOHNSON: I sure do. 

CHAIRMAN BURTON: Is he still alive? 

MS. JOHNSON: He died a couple years ago. 

CHAIRMAN BURTON: He ran for the Assembly against 



Jack Veneman. 



MS. JOHNSON: That's right. 

CHAIRMAN BURTON: John became a judge. 

Before your time, Monteith. 

[Laughter. ] 
SENATOR MONTEITH: You and I are the same age, 



John. 



CHAIRMAN BURTON: Is Modesto JC the only 
community college that still calls itself a junior college? 

MS. JOHNSON: I think there might be one more in 
the state, but we are far between community colleges. 

CHAIRMAN BURTON: Do you still have the Modesto 
Relays? 



39 

MS. JOHNSON: We have revived the Modesto Relays 
in a very, very big way this past year. It died off for a 
little bit, but now Mr. Moore is back in the leadership 
somewhat, along with the Save Mart folks, and so we had a really 
great relay this year. 

CHAIRMAN BURTON: Do you still have the Modesto 
JC Basketball Tourney? 

MS. JOHNSON: Every holiday. We didn't win this 
year. 

CHAIRMAN BURTON: I've got nothing more from me. 
[Laughter. ] 

CHAIRMAN BURTON: Are you still water, well 
contentment and health? Okay. 

SENATOR HUGHES: In view of the fact that she's a 
member of my sorority, I'd like to move her nomination. 

SENATOR KNIGHT: I certainly enjoyed the history 
lesson. 

ASSEMBLYMAN CARDOZA: Senator, I think she 
brought family today. 

CHAIRMAN BURTON: Just a couple more questions. 
Ask something about UC education. 

Would you like to introduce your family? 

MS. JOHNSON: I think I brought enough family for 
everybody. 

First of all, I'd like to introduce my brother, 
who works for the State of California, Department of 
Corrections, James Peterson, and his friend, Ollie Shay. Please 
stand. 



40 

1 And then, I also brought one of my students from 

2 one of my early days in education, and one I certainly hope to 

3 motivate to enter one of the first EOPS programs San Jose State 

4 University. It's not the University of California, but she's a 
good person, Bernice Metcalf and her daughter, Miklin, from 

6 Modesto. 

Then I also have a Merced delegation, because I 

8 am now an adopted person in Merced, California. I'd like to 

9 introduce Lou Braxton and Larry Johnson, some strong supporters 

10 from Merced. 

11 CHAIRMAN BURTON: I hope you all bought property 

12 on the outskirts of the campus. 

13 [Laughter.] 

14 CHAIRMAN BURTON: Any witnesses in support. 

15 MR. PURSLEY: One last time, for the University 

16 of California Student Association, the board also unanimously 

17 voted to endorse this candidate. 

18 We believe that Ms. Johnson brings exceptionally 

19 important experience, a great awareness of the transfer issue. 

20 Her sensitivity and courage to articulate the diversity 

21 concerns, as have other candidates, all tell us that she will 

22 serve the University well. 

23 And we hope that, very shortly, that the new 

24 Board, once these candidates are confirmed, will face this issue 

25 of diversity and hopefully have the courage to revisit the issue 
2 6 of SB 1 and SB 2, and the problems that are associated with 

27 their passage. 

28 This is equally important to the merger in terms 



41 

of the necessity to take a fresh look. 

Thank you. 

MR. ORTEGA: Good morning. My name is Raul 
Ortega. I'm the Commander of the American GI Forum in the 
Central Valley. 

I'm here on behalf to support Odessa Johnson. 
She happens to be an old friend of mine. And as it's been said, 
she has a spirit of education. She has done tremendous work in 
our community. Has worked with youngsters, families, and down 
the line. 

So, I'm very proud to be here on her support. 
Thank you. 

MS. METCALF: Good morning. My name is Venesse 
Metcalf, and I am the Director of Staff Diversity for Yosemite 
Community College District, which is Modesto Junior College and 
Columbia. 

As Odessa said, I first met her in 1962 at the 
age of 11 years old, who has been a very mentor, a very fine 
friend, and certainly one who has encouraged education from 
every level. 

And it's certainly a pleasure to be here in 
support of Odessa for an appointment with the Board of Regents, 
and certainly has shown her a level of commitment to education, 
particularly to those students who have been underrepresented. 

So, I could not think of a finer person to serve 
in that capacity, and to look out for all of the things that we 
talk about when we talk about diversity as it relates to 
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cetera. 

So, I'm very happy to be here and support her. 

CHAIRMAN BURTON: Any witnesses in opposition? 

Moved by Senator Hughes. Call the roll. 

SECRETARY WEBB: Senator Hughes. 

SENATOR HUGHES: Aye. 

SECRETARY WEBB: Hughes Aye. Senator Knight. 

SENATOR KNIGHT: Aye. 

SECRETARY WEBB: Knight Aye. Senator Lewis. 
Senator Burton. 

CHAIRMAN BURTON: Aye. 

SECRETARY WEBB: Burton Aye. Three to zero. 

CHAIRMAN BURTON: Keep the roll open for Senator 



Lewis . 



Congratulations . 

[Thereafter, SENATOR LEWIS 
added his Aye vote, making the 
final vote 4-0 for confirmation.] 
[Thereupon this portion of the 
Senate Rules Committee hearing was 
terminated at approximately 10:45 A.M.] 
— ooOoo — 



43 
CERTIFICATE OF SHORTHAND REPORTER 

I, EVELYN J. MIZAK, a Shorthand Reporter of the State 
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That I am a disinterested person herein; that the 
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reported verbatim in shorthand by me, Evelyn J. Mizak, and 
thereafter transcribed into typewriting. 

I further certify that I am not of counsel or 
attorney for any of the parties to said hearing, nor in any way 
interested in the outcome of said hearing. 

IN WITNESS WHEREOF, I have hereunto set my hand this 

, 2000. 





M 

EVELYN JT^KIZA* 
Shorthand Reporter 




386-R 

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11 



APPEARANCES 

MEMBERS PRESENT 

SENATOR JOHN BURTON, Chair 

SENATOR JOHN LEWIS, Vice Chair 

SENATOR TERESA HUGHES 

SENATOR WILLIAM KNIGHT 

SENATOR JACK ' CONNELL 

STAFF PRESENT 

GREG SCHMIDT, Executive Officer 

PAT WEBB, Committee Secretary 

NETTIE SABELHAUS, Consultant on Governor's Appointments 

GINA STAMPS, Consultant to SENATOR LEWIS 

FELICE TANENBAUM, Consultant to SENATOR HUGHES 

CHRIS BURNS, Consultant to SENATOR KNIGHT 

ALSO PRESENT 

DEE DEE J. MYERS, Trustee 
California State University 

CHARLES B. REED, Chancellor 
California State University 

BOB GURIAN 

California Faculty Association 



Ill 
INDEX 

Page 
Proceedings 1 

Governor ' s Appointees : 

DEE DEE MYERS, Trustee 

California State University 1 

Background and Experience 1 

Questions by CHAIRMAN BURTON re: 

Operating Costs for Year-Around 

Campuses 4 

Questions by SENATOR LEWIS re: 

Level of Fees 4 

i 
I 

Influence of Lower Fees on 

Projected Tidal Wave Two 5 

i 

Response by CHANCELLOR CHARLES REED 6 

i 

SAT Tests 6 

Definition of Is 7 

i 
I 
Questions by CHAIRMAN BURTON re: 

Relevancy of SAT Scores 7 

Response by CHANCELLOR REED 8 

Geometry and College Success 8 

Questions by SENATOR HUGHES re: 

Need to Coordinate UC and CSU 

Outreach Efforts 9 

Response by CHANCELLOR REED 10 



IV 



Questions by CHAIRMAN BURTON re: 

Timeliness of Applications 11 

Motion to Confirm 11 

Witness with Concerns: 

BOB GURIAN 

California Faculty Association 11 

Committee Action 13 

Termination of Proceedings 13 

Certificate of Reporter 14 



P-R-O-C-E-E-D-I-N-G-S 
— 00O00 — 

CHAIRMAN BURTON: Governor's appointee appearing 
today, Dee Dee Myers, Trustee at the California State 
University. 

MS. MYERS: Good morning, Senator Burton, 
Members of the Committee. 

First of all, let me say I'm thrilled to be here 
this morning, and I had the chance to meet with several of you 
yesterday. I don't think we need to rehash those conversations. 

But I did want to take a minute to talk a little 
bit about the challenges I see facing the CSU, what I would hope 
to do about them as a Trustee, and why I hope that you'll 
confirm me. And then, obviously, you may have some questions 
that you want to ask me. 

First, I'm thrilled that the Governor appointed 
me to this Board. I think that certainly the state has an 
economic interest in education. Every dollar invested reaps 
huge rewards. I hope that we'll continue to do that, and every 
indication is, of course, we will. 

In addition, I think nothing does more over the 
course of someone's life to both expand their opportunities and 
increase their earning potential, and just shape their lives 
than four years of college. So, I think the state has a moral 
obligation as well to educate its people. I think the CSU's 
done an outstanding job of that over the years, providing access 
to students regardless of race, income, geography, and I would 
like to see that continue. 



In spite of all the CSU has done, I think the 
system faces a number of very significant challenges, 
particularly access. Continuing to provide access to all 
students demands increased training and recruiting of teachers, 
and finally, improving K-12 education and preparing students for 
college. 

On access, as you all know, we're facing 
something called Tidal Wave Two, which means the children of 
baby boomers are reaching college age, and the system, from UC 
to Cal. State to the community colleges, is facing a huge serge 
in the enrollment. The CSU alone is anticipating 130,000 new 
full time students over the course of the next decade. That 
means roughly 12-13,000 students a year, or the equivalent of a 
medium sized CSU campus. We obviously can't afford to build a 
new campus every twelve months, so we have to find new and 
creative ways to expand access. 

The budget that we passed, that the Board of 
Trustees passed this year, the first time in which I voted, does 
a number of things to address this, including expanding 
off-campus centers and using new technical means to reach out to 
more students. 

In addition, we need to — there are four 
campuses right now that have year-around operations. The fifth, 
Humboldt, will start year-around operations this year, and I'd 
like to see year-around operations expanded system wide. That's 
something that Chancellor Reed has championed, and I support his 
efforts in this area. Again, we can't afford to build a new 
campus every twelve months, so we have to make the best use of 



the existing resources that we have. Year-around operations 
would certainly do that. 

Finally, I think financial aid is a critical part 
of access. I don't think any student who wants to go to college 
and is eligible for college should be denied access simply 
because he or she can't afford it. So, financial aid is a 
critical component of access. 

In addition, the second challenge facing the CSU 
that I see is recruiting and training teachers. We all know 
there's a huge shortage of teachers in this state. Training 
teachers is central to the CSU's mission. We already train 
about 60 percent of the state's teachers. We need to continue 
to expand on that. We need to look for innovative ways to do 
that. I think the CSU's doing that. 

And finally, the CSU needs to play a key role in 
improving K-12 education statewide. One of the ways to do that, 
clearly, is to bring more teachers, to train more teachers, and 
to bring teachers who are working on emergency credentials to 
the full credentialled position. 

But we also have to partner more with both high 
schools, junior high schools, community colleges, to help 
prepare students for college, and to let them know what their 
options are. This, I think, increases, raises their horizons. 
It helps prepare them, and probably reduces the need for 
remedial education once they get to the CSU, which, as you know, 
has been a challenge that we faced in recent years. 

So, those are the challenges that I see. I think 
the CSU has done a tremendous amount already down this path. 



I'd like to be part of finding additional solutions, and I hope 
you'll see fit to confirm me. 

And I'd be happy to answer any questions that you 
might have about any of the issues that we face. 

CHAIRMAN BURTON: If you go statewide so that 
takes care of capital outlay problems, what's it do as far as — 
would you know this, or maybe, is it Charles or Chuck? 

[Laughter. ] 

CHAIRMAN BURTON: You know, in other words, add 
more instructors and professors? 

MS. MYERS: To go to year-around operation? 

CHAIRMAN BURTON: Yes. 

MS. MYERS: Well, I think you definitely would 
need some increase in the number of teachers. Some teachers, 
some faculty might be interested in teaching in that extra 
semester in the summer. You'd have to compensate them for that. 

But the cost facilities-wise is fairly minimal 
because even in the summer — 

CHAIRMAN BURTON: I know that. I was thinking of 
what the operating costs would be. 

There would be, in other words, the operating 
cost would be something, but it would save on future capital 
outlay, I guess? Everybody's nodding their heads. 

Senator Lewis. 

SENATOR LEWIS: Good morning. 

MS. MYERS: Good morning, Senator. 

SENATOR LEWIS: I wanted to ask you, what's your 
position on where the level of fees are right now. I guess 



since 1990, fees have been raised over 50 percent. 

Do you think they're at a level right now that's 
fair, or should they be lowered? 

MS. MYERS: Well, they were lowered, as you know, 
last year by -- 

SENATOR LEWIS: Five percent. 

MS. MYERS: Right, five percent for graduate 
students, ten percent for undergrads, if I'm not mistaken. 

And if I compare the CSU to 15 comparable 
institutions around the country, we're about less than half the 
average in terms of the cost. 

I think the cost right now is the fair. I 
wouldn't be against looking at a fee decrease, but I think you 
have to balance the desire to reduce fees to maintain access 
with the need to provide a pool of financial assistance for 
students who really can't afford even the $1800 a semester that 
it costs now to go to the CSU. So, I would want to look 
carefully at that balance. 

But keeping fees low is critical, but so is 
providing a pool of financial aid for students who generally are 
strapped. 

SENATOR LEWIS: With regard to the so-called 
tidal wave that's going to be approaching, or is approaching, 
how much is that influenced by the actual fee itself? If fees 
were dramatically reduced right now, how much additional 
enrollment might that project out for five or ten years from 
now? 

MS. MYERS: Right. I don't know if Charley, 



Chancellor Reed or Karen has an answer to that, but when fees 
went up four or five years in a row at the beginning of this 
decade, there was a huge drop off in enrollment. So there is a 
correlation between enrollment and cost. 

And I don't know, have we projected that out? 

CHANCELLOR REED: We haven't projected that. 

I wouldn't doubt there' d be a huge influence by 
reducing the fees on the numbers coming. 

Trustee Myers, though, really did put her finger 
on the major policy issue, and that is financial aid. That 
would help more people than anything that we can do about fees. 

SENATOR LEWIS: The other question I just wanted 
to ask was what your thoughts are about the SAT test? How 
valuable a tool that is, and whether or not it should continue 
to be emphasized or de-emphasized, as some have called for. 

MS. MYERS: I think the SAT, there are studies if 
you look across the country and at all sort of different kinds 
of institutions. Some show that there's a correlation between 
success in college and good SAT scores, and others show that 
there's less of a correlation. 

It's not that important in CSU admissions. If 
you graduate high school with a 3.0 grade point average, you are 
guaranteed admission, regardless of SAT. You don't even need an 
SAT score to be admitted. 

Similarly, if you graduate from a junior college 
with the appropriate number credits and a 2.0 GPA, you don't 
need any test scores to get in. So, it's never been a critical 
component of CSU admissions. It's much more important at UC and 



other institutions around the country. 

SENATOR LEWIS: Just lastly because of your 
experience, I was wondering if you ever ascertained what the 
definition of is is? 

MS. MYERS: I'm working on it. I hope to use the 
resources of Cal. State to investigate that question. 

[Laughter. ] 

CHAIRMAN BURTON: Just on the SAT, was it the SAT 
tests, or was it some other test where all these white guys were 
getting notes from their doctor that they were a little 
developmentally disabled? 

SENATOR HUGHES: Guys and gals. It was not just 
guys. 

CHAIRMAN BURTON: You mean women would stoop to 
such a thing? 

SENATOR HUGHES: Their parents would. 

CHAIRMAN BURTON: How relevant does that make 
that whole test? 

MS. MYERS: I think there's a lot of questions 
about the income correlation to high scores, the race 
correlations to high scores. 

But again, I don't know how relevant it is to 
CSU, since an SAT score's not necessary for admission. 

If you have a lower than 3.0 grade point average 
coming out of high school, you can use an SAT to help gain 
admission. It becomes part of an equation. 

Do you have anything you want to add on the 
relevance of SATs? 



8 

CHANCELLOR REED: My good friend and colleague, 
President of University of California system, and I've talked 
about the SAT since I arrived here. 

We don't support the SAT in the sense that we 
don't think it tells us anything about a student we don't 
already know. 

If a high school student will take pre-collegiate 
course work — algebra, geometry, literature, laboratory 
sciences -- and they'll get a B in those, that's the best 
determining factor on admission and graduation from college. 
Dick and I have talked about some different ways of doing that 
between UC and CSU. 

CHAIRMAN BURTON: What would the relevance to 
geometry be to going to college? 

CHANCELLOR REED: Being able to reason, to think, 
to analyze. 

CHAIRMAN BURTON: Is that what geometry was 
about? 

CHANCELLOR REED: I hope that's what it was 
about. Being able to have those intellectual skills and the 
discipline to do it. 

SENATOR LEWIS: How did you do in geometry, John? 

CHAIRMAN BURTON: It's the only thing I ever got 
Ds in. I ' d be good at it now. The square of the hypotenus. 

Senator Hughes. 

SENATOR HUGHES: While the Chancellor is here and 
the Trustee, just one thing I'm curious about. 

I think it's wonderful that we have all these 



great outreach programs, you know, the community colleges, UC 
and CSU. 

What can we really do to coordinate all of these 
efforts and maximize them so that it's tied together, and it 
becomes more meaningful for the students and for the communities 
that they serve in? It's all fragmented. Everybody's doing 
outreach, but I'm wondering if they're reaching out to the same 
place to go the same place. 

Have you thought about that? 

MS. MYERS: A little bit. I'll address it, and 
then Chancellor Reed can add his opinion. 

In the short time that I've been on the Board, we 
tried to do -- well, first of all, there's the California Master 
Plan which creates specific roles for each of the higher 
education systems. And I think on balance that that plan has 
worked very well. For example, CSU's mission is to accept — at 
least 60 percent of our students should be transfers from 
community college. 

The question is, what are we doing to make sure 
that students at community colleges know what the requirements 
are to get into CSU, know what their options are. And then, how 
are we bringing them into the CSU? 

We are in the process of developing regional 
relationships with the community colleges to make sure that 
students know what they need, what the core requirements are, 
what the GPA requirements are for them to transfer and finish at 
CSU. 

Seventy-five percent of community college 



10 

students who finish their four-year degrees do so at Cal. 
State. So, we need to, and it is our mission, to give them a 
place to go. 

We also for the first time this year since I've 
been on the Board established a uniform set of admissions 
policies with UC, so that high school students, first-time 
freshmen, have the same requirements, so that when they are 
going to high school, they know what classes they have to take, 
and they can decide later whether they want to go to Cal. State 
or UC, or see where they get in. I think we need to continue to 
do that. 

A lot of outreach to high schools about how the 
system works, and a lot of coordination between UC and Cal. 
State so that we're not all going down our own separate path. 

I think communication could clearly be improved 
particularly between Cal. State and UC, but I think we're 
working hard to reach out to community colleges. I'm sure 
there's ways we can improve it, but it's part of what we're 
aware of right now. 

CHANCELLOR REED: Senator Hughes, our outreach 
program this year, we made it a lot more focused and narrow in 
our targets. 

We have identified 223 high schools in California 
that send us the largest number of students who need remedial 
help when they get to us. And we have asked our English faculty 
and our math faculty to go to those high schools, and to work 
with students, parents, faculty members in achieving the 
California standards. I think that's going to pay off. 



11 

Our target are mostly students of color, students 
who are first in their families to get a chance to go to 
college. And I'm very pleased with what we're doing. 

And we're cooperating with UC. They have a 
different market that they are identifying than us, so I think 
there's good cooperation. 

SENATOR HUGHES: Thank you very much. 

CHAIRMAN BURTON: Idle curiosity, if I wanted to 
go to San Francisco State starting next September, when would I 
have had to apply? 

CHANCELLOR REED: November. 

CHAIRMAN BURTON: Of this year? 

CHANCELLOR REED: Of this year. 

CHAIRMAN BURTON: Used to just be able to do it. 

CHANCELLOR REED: It's getting a little harder. 

CHAIRMAN BURTON: Cost $14 to get in, Charles. 

CHANCELLOR REED: With a basketball scholarship, 
we'll take you up to the last minute. 

CHAIRMAN BURTON: They had no scholarships. 

SENATOR HUGHES: Mr. President I'd like to move 
it and be added as an aye vote so I can get back to Education. 

CHAIRMAN BURTON: Senator O'Connell, do you have 
any questions? 

SENATOR O'CONNELL: No. 

CHAIRMAN BURTON: Senator Hughes is recognized. 
Call the roll. 

You're in favor or against? 

MR. GURIAN: Well, I have a comment. I'll be 



12 

brief. 

Bob Gurian with the California Faculty 
Association. 

Today is perhaps a watershed day for us. We view 
it as the mark of a new era. And as the new Trustees come on 
board, it's our hope that the relationships between the Trustees 
and the faculty and the administration changes rather 
substantially. We hope that the move towards corporate 
governance, top-down administration, is changed and we go back 
to a more academic mode of working out problems. 

And when we talk about opportunity for students, 
we're not just talking about access — 

CHAIRMAN BURTON: We're in danger of losing a 
quorum. 

MR. GURIAN: I'm be done in 30 seconds. 

That we're not talking about access alone, that 
we're talking about the opportunity to succeed. 

And when we talk about accountability, we also 
talk about quality. 

We think this is a new day. We welcome our new 
Trustee, and we look forward to working with her over the years. 

Thank you. 

MS. MYERS: Thank you. 

CHAIRMAN BURTON: Some day I'll tell you the 
story of a guy who came up and spoke after the votes were all 
there and lost the bill. 

Call the roll. 

SECRETARY WEBB: Senator Hughes. 



13 



SENATOR HUGHES: Aye. 

SECRETARY WEBB: Hughes Aye. Senator Knight. 
Senator O'Connell. 

SENATOR O'CONNELL: Aye. 

SECRETARY WEBB: O'Connell Aye. Senator Lewis 
SENATOR LEWIS: Aye. 

SECRETARY WEBB: Lewis Aye. Senator Burton. 
CHAIRMAN BURTON: Aye. 

SECRETARY WEBB: Burton Aye. Four to zero. 
CHAIRMAN BURTON: Congratulations, Dee Dee. 
MS. MYERS: Thank you very much. 
[Thereafter, SENATOR KNIGHT 
added his Aye vote, making the 
final vote 5-0 for confirmation.] 
[Thereupon this portion of the 
Senate Rules Committee hearing was 
terminated at approximately 9:50 A.M.] 
--00O00 — 



14 

CERTIFICATE OF SHORTHAND REPORTER 

I, EVELYN J. MIZAK, a Shorthand Reporter of the State 
of California, do hereby certify: 

That I am a disinterested person herein; that the 
foregoing transcript of the Senate Rules Committee hearing was 
reported verbatim in shorthand by me, Evelyn J. Mizak, and 
thereafter transcribed into typewriting. 

I further certify that I am not of counsel or 
attorney for any of the parties to said hearing, nor in any way 
interested in the outcome of said hearing. 

|7 ^/ IN WITNESS WHEREOF, I have hereunto set my hand this 
day of Jje^ist^cL^f- , 2000. 



J7EVELYR J. MI2AK \ 
Shorthand Reporter 



387-R 

Additional copies of this publication may be purchased for $3.00 per copy 
(includes shipping and handling) plus current California sales tax. 

Senate Publications 

1 020 N Street, Room B-53 

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Make checks payable to SENATE RULES COMMITTEE. 
Please include Stock Number 387-R when ordering. 



^HEARING 

SENATE RULES COMMITTEE 

STATE OF£ALIFORNIA 



DOCUMENTS DEPT. 

MAR - j 2000 

SAN FRANCISCO 
PUBLIC LIBRARY 




STATE CAPITOL 

ROOM 113 

SACRAMENTO, CALIFORNIA 

WEDNESDAY, FEBRUARY 9, 2000 
9:33 A.M. 



388-R 



SENATE RULES COMMITTEE 
STATE OF CALIFORNIA 



HEARING 



STATE CAPITOL 

ROOM 113 

SACRAMENTO, CALIFORNIA 



WEDNESDAY, FEBRUARY 9, 2 000 
9:33 A.M. 



Reported by 



Evelyn J. Mizak 
Shorthand Reporter 



APPEARANCES 
MEMBERS PRESENT 



SENATOR JOHN BURTON, Chair 
SENATOR JOHN LEWIS, Vice Chair 
SENATOR JOE BACA 
SENATOR TERESA HUGHES 
SENATOR WILLIAM KNIGHT 



SENATOR JACK ' CONNELL 



MEMBERS ABSENT 



STAFF PRESENT 



GREG SCHMIDT, Executive Officer 

PAT WEBB, Committee Secretary 

NETTIE SABELHAUS, Consultant on Governor's Appointments 

WADE TEASDALE, Consultant to SENATOR LEWIS 

FELICE TANENBAUM, Consultant to SENATOR HUGHES 

ANDY PUGNO, Consultant to SENATOR KNIGHT 

ALSO PRESENT 

RITA SAENZ, Director 
Social Services Department 

SENATOR RICHARD POLANCO 

STEPHEN A. MACOLA 

California Emergency Food Link 

ALAN CLARKE 

Chief Probation Officers 

ALLEN DAVENPORT 
SEIU 

STAN NIELSEN 

CAFE de California, Inc. and 

American GI Forum, California Chapter 



Ill 



STEVEN WHITE, Inspector General 
Youth and Adult Correctional Agency 

ROY MABRY, President 

California Association of Black Correctional Officers 

JAMES C. FEE 

Correctional Officer, Sierra Conservation Center 

KIM J. UEKERT 
Correctional Officer 

GARY LANGLEY 
Former CDC Employee 



1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 



IV 

INDEX 

Page 
Proceedings 1 

Governor ' s Appointees : 

RITA SAENZ, Director 

Department of Social Services 1 

Introduction and Support by 

SENATOR RICHARD POLANCO 1 

Background, Experience and Goals 2 

Questions by CHAIRMAN BURTON re: 

Amount of Money in Governor's 

Proposal for IHSS 8 

State Pays More for Contract Employees 

Than Public Authority Employees 9 

Administrations Discussions with Federal 

Government about Re-authorization of 

Welfare Reform 10 

Status of Literacy Task Force 10 

Out-of-state Placements for Youth on 

Probation 11 

Questions by SENATOR LEWIS re: 

Governor's Proposal to Modify County 

Incentives 12 

Possibility of Elimination of Incentives 13 

Findings of L.A. County Foster Care 

Task Force 13 



3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 



Questions by SENATOR HUGHES re: 

L.A. County Holding onto $800 Million in 
CalWORKS Dollars 14 

Need for Department to Give L.A. County a 
Deadline for Disposition of Money 15 

Foster Children in Multitude of 

Placements 17 

Questions by SENATOR KNIGHT re: 

Adoption of Foster Children 18 

Department's Encouragement of 

Adoption 19 

Involvement of Department in 

Adoption Process 2 

Witnesses in Support: 

STEPHEN MACOLA 

California Emergency Food Link 20 

ALAN CLARKE 

Chief Probation Officers 21 

ALLEN DAVENPORT 

Service Employees International Union 21 

STAN NIELSEN 

CAFE de California, Inc. 

American GI Forum, California Chapter 21 

Motion to Confirm 22 

Committee Action 22 

STEVEN WHITE, Inspector General 

Youth and Adult Correctional Agency 22 

Background, Experience and Goals 22 

Statement in Support by SENATOR RICHARD POLANCO 2 5 



VI 



Questions by CHAIRMAN BURTON re: 

Lack of Director of Youth Authority 26 

Complaint Process through IG's Office 27 

Questions by SENATOR LEWIS re: 

Major Overhaul at CYA 27 

Work with Law Firm that Occasionally 

Represents CDC 28 

Revolving Door Statute for Inspector 

General ' s Office 29 

Questions by SENATOR HUGHES re: 

Time Devoted to Claims by Employees of 
Retaliation 29 

Possibility of Becoming Overburdened 

By Retaliation Claims 3 

Attempts to Monitor 31 

Questions by SENATOR KNIGHT re: 

Dramatic Increase in Number of 

Inmates in System 32 

Interfacing with Internal Investigations 

Of Various Institutions 33 

Percentage of Independent Investigations 34 

List of Institutions that Have Had IG 
Independent Investigations 3 5 

Private Versus Public Institutions 3 5 

Questions by CHAIRMAN BURTON re: 

Ability to Investigation on Own Initiative .... 36 



Vll 



Witnesses in Support: 

ROY MABRY, State President 

Association of Black Correctional Workers 36 

STEPHEN MACOLA 

California Emergency Food Link 3 7 

Witnesses in Opposition: 

JAMES FEE, Correctional Counselor II 

California Department of Corrections 37 

Response by MR. WHITE 3 9 

Statements by MR. WHITE re: 

Legal Inability to Talk about Ongoing 
Investigations 41 

Questions of MR. FEE by SENATOR LEWIS re: 

Retaliatory Action against Co-Worker 42 

Response by MR. WHITE 43 

Questions by SENATOR KNIGHT re: 

Ability of Complaints to Go Directly to 

IG's Office 43 

KIM UEKERT, Correctional Officer 

California Department of Corrections 44 

Questions by CHAIRMAN BURTON re: 

Employment Status 47 

Action Requested 48 

Response by MR. WHITE 49 



] 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

.17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 



Vlll 



Questions by SENATOR KNIGHT re: 

IG's Obligation to Provide Any 

Information of Criminal Activity to 

District Attorney of Jurisdiction 51 

Purpose of IG Is to Bypass Chain of 

Command to Effect Complaints 52 

Questions by CHAIRMAN BURTON re: 

Employees Versus Inmates re: Chain of 

Command 54 

Motion to Confirm *. 55 

GARY LANGLEY, Retired Correctional Captain 

California Department of Corrections 55 

Response by MR. WHITE 60 

Questions by SENATOR LEWIS re: 

Department's Possession of. 

Subordination of Perjury Letter 61 

Resumption of Testimony 62 

Committee Action 64 

Termination of Proceedings 64 

Certificate of Reporter 65 

Prepared Statement of STEVEN WHITE 66 

Exhibits Exhibit Volume 



P-R-O-C-E-E-D-I-N-G-S 
--OOO00-- 

CHAIRMAN BURTON: First Governor's appointee/ 
Rita Saenz, Director of Social Services. 

MS. SAENZ: Good morning. 

Senators, I want to use my introduction for two 
purposes . 

SENATOR POLANCO: Mr. Chairman, Members, with all 
due respect, I want to take this opportunity to introduce our 
nominee, Rita Saenz. Rita and I go back about 25 or 30 years. 

MS. SAENZ: We were children. 

SENATOR POLANCO: Much younger then. 

She is well known in the communities throughout 
the state. She began her work, as the resume indicates, in the 
community action area. She's worked in the areas of alcohol and 
drug abuse. She is a product of the '60s, working in developing 
people skills. 

She brings to the Department the kind of 
expertise both at the statewide level, having served in a 
previous administration with Jerry Brown as Director of the 
Office of Alcohol and Drug Programs. 

She is a person who is going to be accessible, 
who has no fear of being held accountable. 

So, I'm delighted to have known her personally as 
a friend, and I'm delighted to introduce her to the Committee 
and ask this Committee to support the nomination of Rita Saenz. 

MS. SAENZ: Thank you, Senator Polanco. 

CHAIRMAN BURTON: Thank you, Senator. 



1 SENATOR POLANCO: And Mr. Chairman, if I may, the 

Inspector General position is also on the agenda. Great 
candidate. We need it. He's the kind of individual we need, 

4 Mr. Steve White. 

5 CHAIRMAN BURTON: How about coming back when he's 

6 in front of us? 

SENATOR POLANCO: I just wanted to ask for that 

8 clarification. 

9 CHAIRMAN BURTON: Go ahead. 

10 MS. SAENZ: So, I'm hoping in this presentation 

11 to give you a feeling of confidence that I can fulfill my role 

12 as Director of this department. And also to give you a chance 

13 to ask any questions or express any concerns that you have about 

14 how Social Services are delivered in this state. 

15 First, I want to explain briefly the role of the 

16 Department for those of you who are not as familiar with it as 

17 you are with other issues. 

18 The California Department of Social Services is a 

19 conduit for $18 billion in General Fund and federal monies, 
designed to impact the lives of the state's most vulnerable 

21 children and adults. Ninety percent of that money is allocated 

22 through the counties. 

23 These are our programs. CalWORKS is serving 

24 558,000 children and their parents. Food Stamps is serving 

25 720,000 households. SSI/SSP is serving 1.1 million blind, aged, 

26 and disabled. In Home Supportive Services is serving 241,000 

27 clients in their homes. 

28 Child Welfare is serving 150,000 abused and 



neglected children in and out of their homes; 112,000 of those 
children are in out-of-home placement, although we have made an 
emphasis in California to place at least 50 percent of those 
children with their relatives. 

Finally, the Community Care Licensing program 
oversees 80,000 non-medical residential day care facilities for 
both children and adults. 

There are 4600 employees in the Department in 51 
offices' across the state. I see it as a part of my job to keep 
them accountable, responsible, compassionate, and creative, and 
I have found them very willing. I've made it clear since April 
that the most vulnerable citizens are our primary clients, and 
that the counties and our licensees are partners in the 
responsibility to serve those clients. 

Advocates and the Legislature are our overseers, 
and we are open to the feedback of everyone. 

As for my qualifications, you have received a 
copy of my resume, and rather than boring you by going over 
those details again, I'd like to tell you what it doesn't say. 

I'm the second oldest of nine children, born in 
the East Los Angeles community. Raised by parents to work night 
and day to ensure that we were well fed, clothed, and educated. 
Like any family of that size in a low income community, we had 
our ups and downs. We lived among many types of people, 
including those who required services that the Department of the 
Social Services offers. 

During a time when my father was temporarily 
hospitalized at the VA Hospital, we went on welfare. It was a 



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short experience, but it taught us gratitude and compassion. 

I was trained as a community organizer and 
entered the field of welfare-to-work when I turned twenty, 
working at the Mexican-American Opportunity Foundation. That 
year, I was awarded the Urban League's first Ghetto Freedom 
Award for Youth. 

Until I left the Brown administration in 1983, 
all of my life was spent in public service for just the type of 
people that our programs serve. 

My experiences in the field of mental health and 
alcohol and drug abuse come in particularly handy, because it is 
at the base of the problems of some of our most hard to serve, 
particularly in welfare. 

When I went into the private sector, I became CEO 
of a national charitable organization that served people in 
residential facilities for the elderly and the disabled. 

Even in the many years while I had my training, 
from doing organizational development and personal training with 
many Fortune 500 companies, my firm consistently provided 
scholarships to low-income women. During those years, I sat in 
welfare offices as an advocate. I have one standard for dealing 
with people: respect, compassion, and generosity. 

When I arrived in my job, I had the immediate 
goal to talk to people across this state that represented all 
aspects of the programs for which I am now responsible. I have 
traveled 20,000 miles to attend CalWORKS job orientation classes 
with recipients, meet with county administrators, SSI/SSP 
recipients, advocates, foster youth, social workers, and 



probation officers. 

I want to talk first briefly about CalWORKS. 
While the economy is strong, its benefits are not distributed 
equally. My position focuses my attention on those not reaping 
the economic rewards. 

While the casework-caseload continues to decline, 
there are still 550,000 families receiving cash aid. And those 
who are no longer receiving cash aid are still relying on child 
care subsidies, food stamps, and Medi-Cal to survive. Of those 
who are still on CalWORKS, many struggle with depression, 
substance abuse, learning disabilities, illiteracy, and other 
long-standing conditions that impair their ability to become 
self-sufficient. 

My immediate priorities for CalWORKS include 
ensuring that the counties address the service needs of the hard 
to place, and to develop community service jobs for recipients 
that will provide basic skills needed to obtain full-time 
employment. Those long-term recipients need real training for 
real jobs, and I'm reviewing each county's plan to see that this 
objective is realized. 

In addition, I'm working on the Governor's Task 
Force on Child Care to make sure that acceptable child care is 
available and affordable to single mothers as they begin the 
process of establishing self-sufficient families. 

Even though families are leaving welfare in 
records numbers, we have a decline of 34 percent in four years, 
and they are eligible for food stamps, for some reason that is a 
mystery to both the federal government and to ourselves, they 



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are no longer applying for those benefits. I am working with 
the federal government and the Association of Public Human 
Administrators -- Human Services Administrators — to simplify 
the eligibility rules and to ensure that the counties really are 
letting people know about their continuing eligibility for food 
stamps . 

Now to Adult Services. I think few of us have 
not been shocked by how vulnerable adults can be neglected and 
abused. I've experienced this with my own grandmother, who I 
discovered was not being properly cared for. 

I am watching closely the expansion of Adult 
Protective Services in all counties. This program provides the 
means by which to detect and act on physical and fiduciary 
abuse, as well as neglect, of many aging and disabled persons. 

In the In Home Supportive Services area, in both 
the current budget year and the proposed budget, the Governor 
has increased the wage base for In Home Supportive Services 
workers. These people provide care to aged and disabled persons 
in order to allow them to remain in their homes instead of 
having to go to skilled nursing facilities and nursing homes. 

One of my priorities is to keep vulnerable adults 
in safe environments in their own communities as close as 
possible to their own families. 

The SSI/SSP program provides benefits to the 
aged, blind, and disabled. And while we neither make the rules 
nor do we administer the SSI program, I want you to know that 
California has volunteered to be in a pilot program that will 
make the eligibility process easier for disabled applicants. 



The most troubling state of affairs is found in 
the lives of abused and neglected children. They become part of 
the out-of-home care population, cared for by foster parents and 
group homes across California. Some of these children start out 
their lives disadvantaged by fetal alcohol syndrome or drug 
addiction at birth. They grow into toddlers and older children, 
having a host of special needs, both medical and behavioral. 
They deserve better care than we are providing to them. 

Some children move from placement to placement 
without continuity in their education or their health 
maintenance. Finally they age out of the system, and some move 
from a foster home or a group home one day, to the streets the 
next day. 

Many have no life skills. They are poorly 
educated, and they have little hope for a better future. 

No one in this country or this state is satisfied 
with the foster care system, but there are efforts underway in 
this state that will lead to improvements. 

I believe priority must be given to ensure that 
children receive comprehensive assessments and case plans, and 
that those assessments and case plans are shared with their 
foster parents. 

In addition, this year we are placing public 
health nurses in county welfare offices to oversee the medical 
needs of foster children. Their job is to ensure that the 
medical needs of foster children are identified early, and that 
they will no longer be subjected to duplicative services, such 
as repeated innoculations during the same year for the same 



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8 

disease. 

Our primary concern is to find ways to keep 
children safe. I am happy to report the successful hiring of a 
foster care ombudsman. The Office of the Ombudsman will provide 
a central point for foster children — 

CHAIRMAN BURTON: Pardon me, but can you just 
kind of highlight. 

MS. SAENZ: Yeah, okay, good. 

So, basically, we're moving ahead in the 
children's area. We have a Foster Care Ombudsman. 

We will be getting additional money from the 
federal government for the Independent Living Program. 

We are going to be moving approximately 20,000 
children off of the foster care rolls through our Kin Gap 
Program while supporting their relatives financially. 

And basically what we need in this state for 
child welfare is a fundamental restructuring of the system. 
We've talked to social workers, talked to the unions. I've 
talked to the administrators, and that's one of the things that 
we'll be doing this year. 

Any questions? 

CHAIRMAN BURTON: A few. 

You talked about the IHSS. How much money is in 
the Governor's proposal; do you know? 

MS. SAENZ: Let me check on that. 

The Governor's budget includes $28.5 million in 
General Fund for continuation of public authority, provide new 
wages up to 6.25, and $20 million in General Fund for an 



9 

additional 35 percent increment. 

CHAIRMAN BURTON: Is that 35 cents or 35 percent? 

MS. SAENZ: Thirty- five cent increment above the 
6.25, so that the wage during the coming year can rise to 6.60, 
and it's planned to raise up to $8, depending on the health of 
the budget in the years to come. 

CHAIRMAN BURTON: The budget's pretty healthy 
this year. I mean, eight dollars an hour, that's $64 a day. 
How can somebody take care of their family on that kind of 
money? 

MS. SAENZ: Well, you know, clearly, especially 
having had this experience with CalWORKS, we need to give people 
a livable wage. How we work it out, I think, is going to be 
done through the legislative process during this year, during 
this spring. There are certainly a lot of things to look at for 
these people who are working very hard, taking care of people 
who are really relying on them. 

We don't want turn-over. We know that a lot of 
these people don't have health benefits. So, we'll just be 
working with you to, I am assuming, take a look at how this is 
going to play out during this budget season. 

CHAIRMAN BURTON: How about the fact that public 
authority, that the state pays more for the contract employees 
than they do public authority employees? 

MS. SAENZ: Contract employees are usually chosen 
because they're doing some sort of special needs with the people 
who they're seeing. 

CHAIRMAN BURTON: Not really. Counties just do 



10 

1 It. 

2 MS. SAENZ: That only represents three percent of 

3 the number of people who are serving our recipients. 

4 CHAIRMAN BURTON: And the cost range there is 
between $11 and $14, and for the public authorities it's 6.25. 

6 It doesn't seem to make sense to me. 

MS. SAENZ: Any input that you have for me about 

8 this area, because I'm concerned about it myself, I am welcome 

9 to take into consideration, and that I will convey to the 

10 administration. 

11 CHAIRMAN BURTON: The input I have is that they 

12 ought to increase the level of pay for the public authorities 

13 for same thing they're doing for the same cost in the other. 

14 MS. SAENZ: Okay. 

15 CHAIRMAN BURTON: What discussions has the 

16 administration been holding with the federal government about 

17 re-authorization of the welfare reform, and whether or not we're 

18 going to be able to get adequate funds? 

19 MS. SAENZ: I've been doing most of the work with 

20 the Association of Public Human Services Administrators, which 

21 has a very strong lobbying arm, and it represents all of the 

22 states who are providing those services. And we have our own 

23 legislative arm. And we are working together to have a joint 

24 approach in how we work toward getting the re-authorization. 

25 CHAIRMAN BURTON: Senator Escutia asked to 

26 inquire about the status of the Literacy Task Force. 

27 MS. SAENZ: The Literacy Task Force has started 

28 this month. We anticipate that we'll have some results in 



11 

December. A number of people are going to be involved. 

We are also going to be working with the public 
libraries, who have received additional money from the federal 
government to increase their literacy program. 

But we will be having monthly meetings to take a 
look at reliable learning disabilities and literacy tests for 
CalWORKS and for children in foster care. 

CHAIRMAN BURTON: Do you have any comments on the 
out-of-state placements for youth on probation? What's your 
view, on out-of-state, in state? 

MS. SAENZ: My view is this. We should seek best 
services for the child. Because of the passage of 933, we are 
required -- we require the probation departments to put together 
a multi-disciplinary report to determine whether — and a part 
of that is to determine whether or not there are placements in 
California. As a result of that, the placements out of state 
have dropped substantially. 

Now, we were also authorized to go out and 
certify out-of-state homes to determine if they met California 
standards. Most did not. 

CHAIRMAN BURTON: I think you were required as 
opposed to authorized. 

MS. SAENZ: Yes, so we went out and did that. 
We've certified nine homes. We have rejected several. 

And while the multi-disciplinary report can 
recommend to the judge, law leaves it in the hands of the judge 
to determine where the child is placed. 

CHAIRMAN BURTON: So, in state, out of state, or 



12 

1 in a good home or a bad home? 

2 MS. SAENZ: No, it has to be in a good home 

3 because it has to be one that we certified. 

4 CHAIRMAN BURTON: Then the judge can determine 

5 whether Nevada makes more sense than California. 

6 MS. SAENZ: That's right. 

And one of the other things that we do as a 

8 safeguard is if -- we look to see that the child requires a 

9 particular type of service, and we don't find it available in 

10 the certified out-of-state placement, we require that the child 

11 cannot be put there until the out-of-state placement can 

12 demonstrate it can provide that service. 

13 CHAIRMAN BURTON: Senator Lewis. 

14 SENATOR LEWIS: Good morning. 

15 MS. SAENZ: Good morning. 

16 SENATOR LEWIS: One of the components of CalWORKS 

17 implementation was a large financial incentive for counties in 

18 successfully moving and transitioning people from welfare to 

19 work. 

20 I understand that the Governor is proposing some 

21 large modification of that. Can you go into detail. 

22 MS. SAENZ: That's a fairly complicated issue, 
and I would be glad to get you information on that, but I 

24 couldn't answer it for you right now. 

25 SENATOR LEWIS: Is he planning on eliminating 

26 it? 

21 MS. SAENZ: Well, it definitely is going to — 

28 it may be hard to believe, but we have determined that even with 



13 

1 the declining caseload, because of COLAs, the cost of the 

2 CalWORKS program will exceed our block grant in about three 

3 years. So, we are now looking for ways to try to keep the 

4 budget down in that area. 

5 I'm not talking about if it remains standard or 

6 if it goes up. Even if it declines, it will require General 

7 Fund money. 

8 So, now we have to balance whether or not we can 

9 continue with those incentives or begin to tighten our belt now 

10 in preparation for a substantial raise in what it will cost the 

11 state to continue to do CalWORKS. 

12 SENATOR LEWIS: So, is it possible that a total 

13 elimination of those county incentives is on the table? 

14 MS. SAENZ: It's possible, and every step of the 

15 way, we are working with county welfare directors. We're not 

16 pulling any surprises on anybody. 

17 SENATOR LEWIS: The L.A. County Foster Care Task 

18 Force report came out. 

19 MS. SAENZ: Yes, my staff participated on that. 

20 SENATOR LEWIS: They mentioned that there's an 

21 increasing number of abused and neglected children in the 

22 system. 

23 Do you have any comments that you'd like to make 

24 on the findings of the report? 

25 MS. SAENZ: I have met with the new Director of 

26 the Department of Child and Family Services in Los Angeles. We 

27 have made it very clear that this report is as important to us 

28 as it is to them. We've offered technical assistance, and we 



14 

1 are going to renew our efforts with them in the licensing area 

2 to ensure that some have this is handled. 

3 You know, there is no nice way to say that things 

4 are in lousy shape. So, it's not something that we're not aware 
of. We feel we have a responsibility in it, and we're going to 

6 do whatever we can to help them to get things straightened out 

7 down there. 

8 CHAIRMAN BURTON: Senator Hughes. 

9 SENATOR HUGHES: Good morning. 

10 MS. SAENZ: Good morning, Senator. 

11 SENATOR HUGHES: I'm glad that you're on top of 

12 some of these issues, but I'm really concerned about L.A. 

13 County's lackadaisical effort, and the fact that they have a 

14 five-year plan. And they're holding onto, I understand, $800 

15 million. 

16 Do you know why? 

17 MS. SAENZ: Are you talking about $800 million in 

18 CalWORKS? 

19 SENATOR HUGHES: Yes, CalWORKS dollars. Why are 

20 they holding onto that money? How do they plan on using it? 

21 MS. SAENZ: Well, L.A. County is going to have to 

22 submit a plan to us for the use of that money. 

23 And I want you to know that anyone who's familiar 

24 with the welfare system over the last twenty years knows that it 
was basically designed to try to keep people off of welfare and 

26 then send them checks. That was basically what welfare was. 

27 In this CalWORKS atmosphere, we have tried to 

28 make basically a sociological, bureaucratical change in the 



15 

entire way that welfare does business, okay? 

Some of reason that monies were not spent in the 
counties over the last two years was that basically they were 
going through the bureaucratic processes of changing their 
systems, setting up new systems, recruiting for people, hiring 
people, training people. 

We have a study by Rand that will be coming out 
soon that will give greater detail. 

Basically what we found is that many of these 
counties were still in start-up phases. 

SENATOR HUGHES: It says in my notes that L.A. 
County has a five-year plan. When was their plan adopted? When 
are you going to get to them and give them a deadline to come up 
with some disposition on all of this money that is involved, 
because they're sitting back on a plan that is not operational, 
and people are still suffering because they haven't gotten the 
benefit of money that's in the bank for them. 

When are you going to get to them? I know you 
haven't been there that long, but you must have a time line, I 
imagine. 

MS. SAENZ: Part of the problem, I think, in 
L.A. County was that they didn't have their long-term 
self-sufficiency plan for families until just recently, which 
they submitted to the Board of Supervisors. That's probably the 
document that you're talking about. 

SENATOR HUGHES: Right. 

MS. SAENZ: So, I expect that we have barely 
gotten it ourselves. My staff is probably right now in the 



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process of reviewing it. 

SENATOR HUGHES: All right, but are you going to 
have a deadline? 

MS. SAENZ: Yes. 

SENATOR HUGHES: I mean, everybody has been put 
out to review, to write, to plan. 

I want to know what is your action plan? What 
are your deadlines? Because some of these people could, in 
fact, be dead before these deadlines are ever met. 

MS. SAENZ: We will — 

SENATOR HUGHES: I'm frustrated by it. And I'm 
not angry with you. 

MS. SAENZ: No, no. I don't blame you. I don't 
blame you. These people — there are people out there who need 
support, who are interested in becoming self-sufficient, and 
they don't have the tools themselves personally. 

We offer a promise and a program. And we need to 
deliver. I agree with you. 

I will get back to you for the deadline by when 
we will have the approval for L.A. County's plan. 

SENATOR HUGHES: Okay, fine. 

I met some wonderful foster children who were 
visiting our Capitol the other day. Actually there were six of 
them. They were well groomed, very articulate. They probably 
visited many of my colleagues' offices as they did mine, 
supporting pieces of legislation. 

But as I talked to these young people, I found 
out, and some of them were no older than fifteen or sixteen 



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years old, they have had anywhere from eight to ten to twelve 
placements in their short life span. 

What are you planning on doing? 

I think it must just be traumatic for any young 
person to have to go through all of these changes in their 
personal lives, and how will the decisions be made that children 
are withdrawn from some foster care parents and dumped into 
another well? 

MS. SAENZ: There are two things. 

One, by insisting that the counties do 
assessments more quickly to determine what the needs of the 
child is, and to share that assessment with the foster parent, 
which is not done often enough. The foster parent is in mystery 
about the needs of the child. 

The child is placed in the foster care home, and 
as you know, after a few months of feeling safe, the child 
begins to act out. Then the foster parent thinks something's 
dreadfully wrong, and they don't want the child in the home any 
more, either because they have other children who they feel are 
at risk, or they just feel they can't handle the behavioral 
problems . 

We are also designing new behavioral training for 
foster parents because they've asked us for that. 

There is no — as far as I'm concerned, there is 
no excuse for moving children from place to place to place. You 
know, what happens after awhile is, they don't get along with 
anybody. 

SENATOR HUGHES: Are you going to direct your 



18 

1 workers to investigate -- 

2 MS. SAENZ: Yes. 

3 SENATOR HUGHES: — these cases? And how many 

4 are going to be too many? You know, I just can't even imagine a 
person having to go through eight or nine placements. 

6 MS. SAENZ: It might surprise you, but one of the 

things that I was told by several social workers is, well, we 

8 begin to be concerned about it after three placement changes. 

9 I was shocked. It's like, wait a minute. After 

10 three, then you I start looking? 

11 I think one of the benefits of my coming into 

12 this program is, I basically have the view of the public. If 

13 it's not working, I don't understand why not. Being a part of a 

14 large family that I was, some of the things that have happened 

15 to some of these children is just mind-boggling to me. 

16 And it's my priority this year to get a lot of 

17 these things handled. There's just no way that we can keep 

18 treating children like this; I agree with you. And we will take 

19 action. 

2 SENATOR HUGHES: Thank you. 

21 CHAIRMAN BURTON: Senator Knight. 

22 SENATOR KNIGHT: Thank you, Mr. Chairman. 

23 Foster care kids, they were in my office as well, 

24 Teresa, and very impressive kids. 

25 When you place a young child in a foster care 

26 home, say, two or three years old, the direction to the foster 

27 parents is what? 

2 8 And I'm thinking more in terms of how the foster 



19 

1 parents bond with the children, with the child. Is there any 

2 contemplation of adoption? 

3 MS. SAENZ: Good question. 

4 SENATOR KNIGHT: What is the Services' position? 

5 MS. SAENZ: Okay. I want to go back to an 

6 earlier statement I made, that approximately 50 percent of the 

7 children are placed with relatives, so they are people that they 

8 know. In addition — 

9 .SENATOR KNIGHT: Are they encouraged to adopt the 

10 children? 

11 MS. SAENZ: They're encouraged in many cases to 

12 either adopt the child or to go for legal guardianship. That is 

13 our hope always when a child is taken in. 

14 It is our intention — our first priority is 

15 permanent placement. Now, I want you to know that in 

16 California, the rate of adoptions in the last three years has 

17 increased by 88 percent. 

18 CHAIRMAN BURTON: Increased or decreased? 

19 MS. SAENZ: Increased by 88 percent. 

2 SENATOR KNIGHT: But 8 8 percent of nothing is not 

21 much. 

22 MS. SAENZ: Well, it's 6100 adoptions, and it's 

23 not enough. And no one here thinks that it's enough, and we 

24 will continue to work for increased adoptions by making it 

25 easier. 

26 And we will continue to work -- I'm talking to 

27 foster parents, and those foster kids all the time. I meet with 

28 those foster kids quarterly, the ones that you met with. 



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SENATOR KNIGHT: Are they encouraged? Are the 
foster parents encouraged to think about adoption? 

MS. SAENZ: Yes, they are. 

SENATOR KNIGHT: Are they encouraged to develop a 
relationship with the children? 

MS. SAENZ: Yes, they are. In fact, most of our 
adoptive parents have been foster parents. 

SENATOR KNIGHT: Your organization, how involved 
are you in the adoptive process? 

MS. SAENZ: We have -- we actually have people on 
our staff who do adoptions, in addition to what the county does 
in the area of adoptions. 

SENATOR KNIGHT: Do you encourage or support 
adoption from a single parent? 

MS. SAENZ: We encourage adoptions by people who 
can provide a loving, safe, and rich home for a child. 

With 112,000 children waiting for — and who are 
in out-of-home placement, if somebody can prove that they can 
take can take care of a child and love that child, we will 
invite them in. 

SENATOR KNIGHT: Thank you. 

CHAIRMAN BURTON: Do you have family here you'd 
like to introduce? 

MS. SAENZ: No, they're all down in L.A. 

CHAIRMAN BURTON: Witnesses in support, briefly. 

MR. MACOLA: Mr. Chairman, Members, I'm Stephen 
Macola, representing the California Emergency Food Link. We are 
in support of the appointment. 



21 

MR. CLARKE: Good morning, Mr. Chairman. Alan 
Clarke, representing the Chief Probation Officers. 

We're in full support of the Director's 
nomination to be Director. Have worked with her very, very 
closely, a number of important probation programs within the 
Department of Social Services, and would urge the Committee to 
support her nomination. 

MR. DAVENPORT: Mr. Chairman and Members, Allen 
Davenport, with the Service Employees International Union. We 
represent social workers, child support workers, home care 
workers, all of whom have an important role in the Department of 
Social Services. 

I sent you a long letter complimenting — 
recommending Ms. Saenz to you, and I meant every word of it. I 
hope you'll vote for her confirmation. 

Thank you. 

MR. NIELSEN: Mr. Chairman, Members of the 
Committee, I'm Stan Nielsen, representing CAFE de California, 
Incorporated. And CAFE de California, Incorporated, is very 
much in favor of Ms. Saenz' appointment. 

CHAIRMAN BURTON: Who are they? 

MR. NIELSEN: CAFE de California, Incorporated, 
is California State Employees Association. 

And also speaking on behalf of the American GI 
Forum, California Chapter is also in support of Ms. Saenz' 
appointment . 

CHAIRMAN BURTON: Thank you very much. 

Witnesses in opposition? 



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Before we go to a vote, the next time I've got a 
piece of important legislation, you can come out saying it ain't 
a good idea, I'd rather hear it from you than read it in the 
paper; okay? 

MS. SAENZ: I got it. 

SENATOR HUGHES: Move the nomination. 

CHAIRMAN BURTON: Moved by Senator Hughes. Call 
the roll. 

SECRETARY WEBB: Senator Hughes. 

SENATOR HUGHES: Aye. 

SECRETARY WEBB: Hughes Aye. Senator Knight. 

SENATOR KNIGHT: Aye. 

SECRETARY WEBB: Knight Aye. Senator O'Connell. 
Senator Lewis. 

SENATOR LEWIS: Aye. 

SECRETARY WEBB: Lewis Aye. Senator Burton. 

CHAIRMAN BURTON: Aye. 

SECRETARY WEBB: Burton Aye. Four to zero. 

CHAIRMAN BURTON: Congratulations. 

MS. SAENZ: Thank you. Thank you, Senators. 

CHAIRMAN BURTON: Steve White, IG, Youth and 
Adult Correctional Agency. 

You're not going to read both bags, are you? 

MR. WHITE: No, I do that, Senator, so that I 
look like I've done my homework and I know what I'm talking 
about . 

Mr. Chairman and Members, I'm Steve White, 
Governor's appointee as Inspector General. 



23 

1 I'm going to probably dismay the Committee by 

2 requesting your indulgence to dispense with my prepared remarks, 

3 which have been submitted, and I would request that those be 

4 made a part of the record. 

5 CHAIRMAN BURTON: Without objection. 

6 MR. WHITE: I want to take no more than a minute 

7 to simply give an outline of what I think is our approach to the 

8 office of Inspector General, overseeing the Youth and Adult 

9 Corrections Agency. 

10 Every Member of this Committee, indeed, I think 

11 every Member of this body is woefully familiar with some of the 

12 problems that the departments within that Agency have suffered 

13 over a number of years now. And those problems do not relate 

14 specifically or exclusively to any particular administration, 

15 any particular legislative session. They have been going a long 

16 time. They are systemic; they are functional; they are 

17 historical, and they are serious. 

18 And the Legislature recognized that, and the 

19 Governor has recognized that, and creation by this Legislature 

20 of the position of the Inspector General has led to this 

21 appointment with the injunction to me from the Governor to clean 

22 it up. 

23 In the nine months that I have been the Inspector 

24 General, we have built the office fairly dramatically and 

25 rapidly, but at the same time, I think that we have been 

26 successful in bringing in the very best people we can find in 

27 and out of state government to join the effort. We will be up 

28 to 77 PYs at the end of this fiscal year. 



24 

1 Based upon increased legislative responsibilities 

2 as a result of the first year of this session, we will be 
appearing before the budget committees very shortly for an 

4 increase that Finance has recommended over those positions. 

5 I can tell you as I sit here now, having spent 

6 time with the prison system and CYA Operations over some 25 
years of my own career, wearing different hats, being different 

8 places, that I have had a graduate degree over this last nine 

9 months. I have been in every institution at least once, many of 

10 them several times, adult and youth. 

11 When I go there, I spend a lot of time. I'm on 

12 the ground. I'm in the Ad. Seg. Units. I'm in the Security 

13 Housing Units. I'm talking with the wardens and talking the 

14 staff. I'm talking with the inmates. I'm talking with the 

15 wards. 

16 The problems, I think, are just extraordinary. I 

17 do not think that anybody in this room can over estimate the 

18 difficulties that this state is presented with, owing in 

19 significant part to the very dramatic increase in the number of 

20 people we incarcerate and very significant revamping of our 

21 philosophical approach to juvenile offenders over the last 

22 decade, or decade-and-a-half . 

23 The consequence is that, in conjunction with a 

24 whole lot of other factors, that we have a system that wants for 
leadership, that wants for a philosophy that it understands and 

26 that it abides, that wants for internal integrity, that wants 

27 for the ability to hold its head up once again and to not be on 

28 the ropes and not be defensive, but to say, this is how it 



25 

should be done, this is why we do it this way, and to be in a 
position to advance the strongest and the most well thought 
through penalogical practices, both at the juvenile and the 
adult level. That's our goal. 

What I hope that we can do, working with 
departments that are, in turn, respectively, very committed to 
these same goals, is be of assistance, to identify problems 
where they weren't identified before, which, as many of you 
know, we have done in this last nine months in both CYA and CDC. 
To look another other areas that have not been given a 
sufficient focus over the years, paroles being one, delivery of 
medical care being another. 

There are important things to do, and we have 
begun in a serious way to do them. 

I would be grateful to answer any questions. 

CHAIRMAN BURTON: Senator Polanco, you didn't 
have to come back. We put it right in the record. 

SENATOR POLANCO: I said that I would to my 
friend, Mr. White. 

Members, as Chairman of the Joint Committee on 
Prison Construction and Operation, if there's any significant 
change that has occurred over the last several years that the 
Legislature brought forth with the support of the administration 
it is the creation of the Inspector General. 

A majority of the employees at CDC and Youth 
Authority are good people. They have difficult tasks. There 
are some bad apples there, as there is in any profession. 

Having said that, the enthusiasm, the integrity, 



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the independence, and the accountability that Steve White brings 
to this office is much needed, and I believe that we're on our 
way in bringing back much improvement that is needed in two 
particular agencies of state government that we all recognize 
need some improvements. 

Having said that, I want to urge that we support 
the nomination and move his nomination forward for confirmation. 

Thank you. 

CHAIRMAN BURTON: Thank you, Senator. 

MR. WHITE: Thank you, Senator. 

CHAIRMAN BURTON: Would you like to comment on 
ACR 43 while you're here, Richard, as long as we got you. 

[Laughter. ] 

CHAIRMAN BURTON: Do we have a Director of Youth 
yet? 

MR. WHITE: No. Mr. Zermano is acting still for 
another, I think, two weeks. 

CHAIRMAN BURTON: Has there been somebody to 
replace him or not? What happens? If he's out, is there like 
somebody under him automatically becomes Acting Deputy 
Assistant, or something? 

MR. WHITE: In the absence of the Governor 
designating and acting, the next deputy up would be assuming 
those responsibilities. However, the Governor will designate 
somebody. 

CHAIRMAN BURTON: Pardon me? 

MR. WHITE: The Governor will designate some 
acting individual until a permanent replacement is appointed. 



27 

CHAIRMAN BURTON: How does it work? Let's say if 
there is a complaint by an employee as opposed to either a 
prisoner, or a prisoner's family, or a do gooder, or whoever. 
Do they go to you, or should they go through a chain of command? 

How would a complaint happen? Are people 
authorized to just go right to you, or should they go to 
whoever, whoever, or whoever, and up the line, and then with no 
satisfaction within the system, go to you? 

MR. WHITE: They should take their complaint 
through the system within the department, but they are not 
required to. That is to say, if they for some reason think that 
is not a good idea, they can present that directly to us, and 
that on occasion happens. We'll then make a judgment about 
whether they have reason to bring it to us directly, that it 
would be pointless, for example, for them to proceed through the 
department, and we may then take it directly. 

Normally, our judgment in those situations is 
that it should be re-referred to the department, and we do that. 

CHAIRMAN BURTON: Senator Lewis. 

SENATOR LEWIS: Senator Burton already touched on 
the change at the CYA. 

I just wanted to know, given that the Director 
resigned, the Chief Deputy was reassigned to another agency, and 
another Deputy Director retired, is this coincidence or is it 
some part of a major overhaul by design? 

MR. WHITE: It's not a coincidence, Senator, and 
it is part of a major overhaul of that department. 

SENATOR LEWIS: Prior to your appointment by the 



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Governor, you've been working with the law firm of Kronick and 
Moskovitz? 

MR. WHITE: That's right. 

SENATOR LEWIS: I was told yesterday that that 
firm has represented CDC in some affairs. Is that true? 

MR. WHITE: That is true. 

SENATOR LEWIS: Can you tell me the nature of the 
type of work that they were doing? 

MR. WHITE: The Department has a labor law 
section; that law firm has a labor law section. And that labor 
law section has as a client the Department of Corrections. 

And on some matters that are referred out by the 
Attorney General involving labor matters, typically a situation 
where a correctional officer will sue the state, the law firm, 
Kronick, Moskovitz, may be retained and represent the 
Department. 

I was not a member of that department. I was in 
a department called complex litigation. I did class action 
matters, both plaintiff and defense, and did false claim acts 
matters in federal court. 

In the years that I was with Kronick, Moskovitz, 
I did on occasion represent the Department of Corrections when 
they needed help in some litigation matter; however, I have not 
for a number of years. 

Then when I left the department to assume these 
responsibilities, I severed completely my relationship, sold my 
shares in the company, and gave up any interest in the firm. 

SENATOR LEWIS: When Legislators retire, they are 



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subject to revolving door statutes. There's certain things that 
they can't do for a period of time. 

Does the office of Inspector General come under 
any similar statutes? 

MR. WHITE: I don't believe that it comes under 
such a statute, although it is not my intention to ever 
represent the Department of Corrections in any matter, if that's 
responsive to the thrust of your question. 

CHAIRMAN BURTON: They probably weren't in 
existence at the time that stuff was there. 

SENATOR LEWIS: Do you think it would be a good 
idea for the state to pass some kind of a revolving door statute 
regarding the office? 

MR. WHITE: I think so. 

SENATOR LEWIS: Thanks. 

CHAIRMAN BURTON: Senator Hughes. 

SENATOR HUGHES: When we had special hearings 
regarding correctional institutions, we also heard a lot of 
testimony from employees of the penal institutions about 
retaliation investigations, and you received a lot of additional 
money in your budget to work on those. 

Since you have been on the job, how much time has 
been devoted to investigating your retaliation against 
employees, approximately? 

MR. WHITE: Of the investigations that have been 
referred to us, as opposed to investigations we have initiated 
or the Legislature has requested or Governor has directed, we 
have probably ten percent — this is to be a ballpark 



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estimate -- of the referrals involved directly or otherwise 
implicate retaliation issues. 

However, as you know, Senator, the Legislature 
recently passed SB 377, which transferred original jurisdiction 
for the investigation of retaliation allegations to the 
Inspector General. We are just now beginning to get what I 
think will be a growing number of such retaliation 
allegations . 

SENATOR HUGHES: Do you think it's going to.be 
overly burdensome in terms of the amount of money that they gave 
you to do this before they thrust it on you? 

MR. WHITE: I think that it will be. At the 
present time it's not, because we are still fulfilling our staff 
component. The allocation of PYs we already have. We will meet 
that in this fiscal year. And then I believe that the 
Department of Finance has recommended some 22 additional PYs for 
this coming fiscal year to deal with the retaliation issues. 

If the retaliation investigations were to stay at 
a level -- at the level it is now in the Department of 
Corrections, for example, and we picked them up from the Board 
of Prison Terms, Corrections, CYA, and so forth, but just 
talking about the Department of Corrections. If it were to stay 
at that level, and my judgment is, we could handle those cases 
with this level of funding. 

My concern is that once that responsibility was 
moved to us, people who wouldn't otherwise have filed 
retaliation claims against the Department, feeling, perhaps, in 
some cases, that they wouldn't get an objective hearing, will be 



31 

filing them with us. 

So, I think that that is going to be a growing 
area. I am concerned about it. 

SENATOR HUGHES: What plans do you have to 
regulate it so that it won't blow up to such a massive balloon 
that you take off and don't do the other kinds of things that 
your department was created to do? 

How are you going to attempt to monitor it and 
yet meet the intent of the law? 

MR. WHITE: One of the things that we have 
already well begun, Senator, is a tracking system by which we 
are identifying every category of work that we do, both 
statutorily mandated and otherwise discretionary. And we are 
tracking within that the set of every single case that is 
referred to us, so that any given time, I can know, anybody on 
our staff can know, when a case got referred, when the 
acknowledgement letter to the complainant went out. And then it 
is tracked all the way through so that it doesn't get lost. 

One of the problems that we have seen in the 
departments, and I understand the difficulty in this because 
they're just dealing with a massive number of people and 
complaints, is that, as you know, things get lost, or things get 
put on a shelf because their priorities have gotten shifted. 

We want to prevent that pre-emptively. It's just 
not going to happen in our Department because I'm adamant that 
it's not going to. 

So, as we track that -- a long road to a small 
house here -- my answer really is that as we track that, we will 



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know if we're starting to lose ground on these. And I will be 
quick to go to the Governor, and the Department of Finance, and 
the Legislature seek more resources for that. 

Because one of the things I do not want to do — 
I mean, I'm just adamant about that -- I don't want to do this 
job if I have a mandate that I'm unable to meet for lack of 
resources. We will do this efficiently. We will do this, I 
think, responsibly. We're not running a fat operation. We're 
running it tight and lean, and hard work, and all those things.- 

But if we are mandated to do something that we 
literally can't do with the best management practices, then it's 
my responsibility to come back before you and let you know that, 
and see whether we want to change the law or change the 
resources . 

CHAIRMAN BURTON: Senator Knight. 

SENATOR KNIGHT: Thank you, Mr. Chairman. 

Just a couple questions. You indicated that 
there was a dramatic increase in the number of inmates? 

MR. WHITE: Yes. 

SENATOR KNIGHT: In looking at the data supplied 
by CDC, there is an increase, but I wouldn't classify it as a 
dramatic increase. It's one percent or less a year. 

MR. WHITE: I'm going back — sorry, Senator — 
I'm going back to, say, 20 years ago. 

When I started prosecuting in 1974, we had, I 
believe, eight prisons. It may have been maybe twelve at that 
time . 

SENATOR KNIGHT: What was our population then? 



33 

MR. WHITE: And the population then was something 
like 30,000. 

SENATOR KNIGHT: No, the state. 

MR. WHITE: Oh, the state population. Boy, 
you're tough. Two hundred thousand — I mean two hundred 
million — I mean twenty million. 

SENATOR KNIGHT: Yes, and we're up to, what, 35 
million now? 

MR. WHITE: But what happened is, my comment is 
not — I'm not editorializing here. What I'm telling you is a 
simple arithmetical proposition that, over that period, the last 
15 years in particular, since the early '90s — 

SENATOR KNIGHT: Well, I'm trying to get whether 
it's a germane figure or not. 

MR. WHITE: It's very real and it's a very 
significant distinction from what it was. 

Now, Senator, it is slowing down now. 

SENATOR KNIGHT: Another question. How does your 
organization interface with the internal investigations of the 
various correctional institutions? In other words, you go in, 
and you're the IG, but those institutions also have their own 
inspectors, their own programs going on. 

Do you interface with those at all? 

MR. WHITE: We do, very directly and daily. 

The Department of Corrections and the Department 
of CYA respectively have their own offices of Internal Affairs. 
We have made a point, and I think they have made a point of 
maintaining as professional and as fluid a relationship as we 



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can have. 

Often, we are working in the same direction. We 
make a point of staying out of their way and not duplicating 
their work. We also make a point of supplying additional 
resources if we think that they need them, that they're not able 
to sufficiently or aggressively go after a particular issue. 

The relationship on the whole has been very, 
very positive. And as a statutory obligation, when they 
complete their investigations, we are required to review every 
one of them if they're what we call Level Two or serious 
investigations. Those are anything involving force, or sexual 
misconduct, or anything at all serious. 

We will review those. Then, if we find they're 
deficient, re-refer them to them in a formal, in a direct way — 

SENATOR KNIGHT: What's the percentage of 
independent investigations that you do? You go into an 
institution and do an independent investigation of some charge. 

MR. WHITE: In terms of percentage, Senator, it's 
small. It's probably somewhere around five percent of our 
workload. 

But the investigations that we do are usually 
quite major. We did five very major investigations over this 
last year. And those took a lot of time and resources, and 
those were investigations that were not only focused on a 
problem as such -- an event, the death, something that was very 
serious in an institution — but we got into the functions and 
the systemic aspects. 

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35 

to be able to identify the problem, to credibly describe what it 
is we have found, and to recommend policy changes, some maybe 
personnel changes, for the department or the agency, and that's 
what we have done . 

SENATOR KNIGHT: Can you list what institutions 
you've done that kind of independent evaluation on? 

MR. WHITE: I can list some of them. Some of 
them are of a public that we can announce publicly now. Some of 
them we're still doing and we cannot. 

One of them is the Heman G. Stark Youth Authority 
institution; one is the Chaderjian Youth Authority institution; 
one is Corcoran State Prison; one is Avenal State Prison. 

We also did — we also did management review 
audits of five different institutions this year, where we go in, 
we look at everything. It doesn't have to be a problem there; 
there doesn't have to be a perceived problem. We simply go in, 
take it from the ground up, sit down for — we're on the ground 
for some weeks there. And then we render a report that's made 
available to the Governor and to the Agency Secretary and to the 
department head, and to the warden or superintendent. 

SENATOR KNIGHT: In your evaluations, how do you 
find it, or is there a comparison between the private 
institutions versus the state institutions? 

MR. WHITE: We have not evaluated any private 
institutions . 

SENATOR KNIGHT: Even the community correctional? 

MR. WHITE: No, we have not. 

SENATOR KNIGHT: Do you plan on doing any of 



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those? 

MR. WHITE: Yes, actually that's on our agenda 
for this year, for this coming year. 

CHAIRMAN BURTON: If something comes out in the 
newspaper, like a thing came out two days ago or something about 
a Youth Authority problem. When you see something like that, do 
you on your own motion go in to see if there's any credibility 
to it? 

MR. WHITE: Yes. We track that very closely. 
Usually we know about it before we read about it, but sometimes 
we read about it first. 

And there was, in fact, one thing in that story 
that you're referencing that we're trying to verify in fact 
whether that's true. And we've got investigators looking at it 
right now. 

CHAIRMAN BURTON: Do you have family you want to 
introduce? 

MR. WHITE: I do have my wife here. Hello. 
Stand so people can see you. 

CHAIRMAN BURTON: Welcome. 

Witnesses in support. 

MR. MABRY: Chairman Burton and Rules Committee 
Members, my name is Roy Mabry, State President for the 
Association of Black Correctional Workers. 

We are here — I'm here today to represent our 
membership in full support for confirmation for Mr. White. 

CHAIRMAN BURTON: Thank you. 

Next. 



37 

MR. MACOLA: Yes, Mr. Chairman, Stephen Macola 
for the California Emergency Food Link in support of Mr. White's 
appointment . 

CHAIRMAN BURTON: Witnesses in opposition. 

MR. FEE: My name is James Fee. I'm a 
correctional peace officer with the Department. Correctional 
Counselor II Specialist is my current rank. I have 
approximately 16-and-a-half years of service with the 
Department. 

My opposition to Mr. White -- 

CHAIRMAN BURTON: Without objection, this 
information will be made part of the record. 

MR. FEE: My objection to Mr. White's 
confirmation is not personal but rather professional, in that 
recently, on October 1st, another peace officer and myself met 
with Mr. White's office, a representative of his office, and 
complained to them about the cover-up of what we believed were 
explosive materials that were discovered on grounds at Sierra 
Conservation Center by our administration. 

Following that meeting, which was — which took 
place for about three-and-a-half hours, my friend was retaliated 
against by our administration. I found it necessary to go to 
the Associated Press on October 24th. The Associated Press did 
print an article. I believe it's in Packet Number Four, at the 
very bottom, last page. 

And that since our initial approach to the IG's 
office, there has been no communication, with the exception in 
my case that I did contact his office to let them know that I 



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would be going to the press because of the retaliatory action/ 
and we felt it necessary to protect our interests as well as our 
individual careers. This reporting, like I said, took place 
approximately four months ago. 

I did not receive contact from the Inspector 
General's office until last Friday, at which time I was notified 
that there was an investigation taking place at our institution 
regarding the possible cover-up of explosives. And I believe 
that was nothing more or less than a result of the Inspector 
General's office discovering that I would be here to oppose this 
confirmation hearing. 

There is a second issue that I have concern with 
regarding Mr. White, and that is the original date of discovery 
of the explosive materials was — or the possibility of 
explosive materials was on 9/22/99. On 9/23/99, Mr. White 
toured the facility at Jamestown on a pre-scheduled tour. And 
on 9/24, an actual inspection or search of the inmate day labor 
complex, which was the location of suspected explosives, was 
conducted. 

My concern with that issue is, did our 
administration tell Mr. White about the suspicions of possible 
explosives on grounds on 9/23? If they did, then why did it 
take two days for the administration to conduct a search of our 
facility? 

The explosive materials that I'm referring to are 
spent blasting caps with reports that there may be live blasting 
caps on grounds, and the report of possible gun powder in the 
possession of the construction supervisor. 



39 

If the administration did not report that to 
Mr. White, my concern is why? Why would they not feel it 
necessary to report that to Mr. White? 

Overall, it's my understanding only from 
conversations with other employees at Sierra that there have 
been — there has been an investigation in the past conducted by 
Office of Internal Affairs on this matter. I have never been 
contacted by them, so I can't validate the fact that there has 
been an investigation. I cannot understand why I would not be 
contacted, because I do possess critical material and testimony 
that I think would be imperative to determine the issues of 
whether there was a cover-up of explosive materials. 

CHAIRMAN BURTON: Thank you. 

Would you comment, please? 

MR. WHITE: Mr. Chairman, and Members, I'm 
familiar Mr. Fee's concerns. And indeed, we have been very much 
involved in this matter. 

I have the same concern that Mr. Fee had when I 
was outs at the institution the day that I understand they were 
going to lock it down and do the full search. They pulled the 
search and the lockdown, so we were advised, because of my 
presence. 

They did not mention this to me. I would 
certainly have told them to proceed with the lockdown and 
search, and I still would have come. 

So, we immediately, when we learned about this, 
got involved with the Department, so that we were assured that 
action was being taken. 



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Now, independent of our involvement with the 
Department of Corrections, action was being taken. The facility 
itself had created a special task force that was monitoring and 
searching, and so forth, was addressing the problems there. At 
the same time, Headquarters, through the Office of Internal 
Affairs, had begun a more comprehensive investigation of this. 
And at the same time, the Fiscal and Audits Division of the 
Department of Corrections was likewise looking at it. 

So, it was my judgment that we needed to remain 
in our monitoring role until we had reports in front of us. We 
needed to be sure that they were doing it, doing the things that 
I'm representing that they were doing, and they were. And we 
needed to be ready to review everything that came out of it. 

The OIA, Office of Internal Affairs, work is 
just now being completed on it. It has been going for some 
time. The entire institution was searched. All of the action 
that I think should have been taken was taken. A number of 
contraband items were found, although none of the explosive 
materials that were of concern to us. 

The concerns that Mr. Fee raises are quite 
legitimate. I do want the Committee and Mr. Fee to know that we 
have been very much on top of this, that we have been in 
communication not only with the institution, but with the 
Director and the Director's office. 

CHAIRMAN BURTON: If you could keep our staff 
advised. 

MR. WHITE: I will do that, Senator. 

One little footnote that relates not to this 



41 

specifically, but more generally to our ability to release 
information not only to complainants, but also to Legislators, 
and others who have a legitimate interest and reason to know 
what it is we're finding. 

We work under the most Byzantine, complex, 
spaghetti of laws, both in the Government Code and the Penal 
Code which relate to what we can say and what we can't say about 
an ongoing investigation. The general thrust is, everything is 
secret, and if you advise anybody about it, you're committing a 
misdemeanor. 

Now, I can advise the Governor. There's not a 
question about that. And I can advise this Committee or a 
Member of this Committee if the Member requests this information 
from us in the first instance. That is, if you were to say, 
would you please look into this matter at Sierra Conservation 
Camp, I could investigate it — 

CHAIRMAN BURTON: How about something that's 
brought to our attention like now, that's now in the public 
domain and may well be a subheadline above the fold in the L.A. 
Times ? 

MR. WHITE: We could advise you, Senator, and we 
will. But it would have to be essentially a redacted advisement 
with respect to names and so forth. 

CHAIRMAN BURTON: That's all right. 

MR. WHITE: But one of the things I wanted to 
suggest — it's not something to attend to today, but I simply 
want to put this in the heads of the Members here — is that it 
may be appropriate for the Legislature to revisit the matrix of 



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law which relate to what we can say, and what has to be 
confidential, and particularly with respect to the Legislature. 

And secondly, with respect to that point, it is a 
good idea, I think, for the Legislature to establish that an 
executive session of this Committee, or some subset of the 
Senate, can be held, that we can advise in executive session, 
and that that doesn't render the information public. 

As the law stands now, it may surprise you as it 
does me, even though we're in executive session, that would 
become public information and could be used in private 
litigation or elsewise. 

CHAIRMAN BURTON: Okay, thank you. 

Senator Lewis. 

SENATOR LEWIS: Question for Mr. Fee. 

At the beginning of your testimony, did you say 
that either a friend or a co-worker of yours was subject to 
retaliatory action? 

MR. FEE: A correctional peace officer. It's the 
last packet of the pamphlet that I handed you. That is a 
response by him after he resigned from the task force that I was 
chairing to determine whether or not we had problems with the 
unauthorized release of confidential information of staff to 
inmates . 

That individual resigned, and subsequently, he 
was written a very — how shall I put it — nasty memo by the 
Chief Deputy Warden, making specific demands of him that he did 
actually cover in his resignation letter. 

The last pamphlet that you have there is his 



43 

response to that letter. 

MR. WHITE: Mr. Chairman, on that point, I've 
just checked with staff to be sure that I wasn't overlooking 
something. 

We have not gotten a request or a complaint about 
that retaliation. We will investigate all retaliation claims, 
and that would certainly be one of them. 

CHAIRMAN BURTON: Maybe it's working its way 
through. 

Any other witnesses in opposition? Senator 
Knight. 

SENATOR KNIGHT: You say it's working its way 
through the process there. 

There shouldn't be any process mechanism in order 
to get a complaint to the IG; should there? 

MR. WHITE: No. I don't think that it's to my 
office yet, Senator. 

SENATOR KNIGHT: But why not? It should go 
direct; shouldn't it? 

MR. WHITE: It may not have been submitted by the 
complainant. That's what I'm saying. We don't have it. We 
will, as soon as we get it, log it and move it. 

CHAIRMAN BURTON: I was assuming it was working 
its way through the process, which means from the time it's put 
into the mail box, until it goes in, gets sorted. 

SENATOR KNIGHT: I just wanted some 
clarification. 

CHAIRMAN BURTON: Yes, sir. 



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MR. UEKERT: Mr. Chairman, Members of the 
Committee/ I would apologize that haven't got enough copies of 
this report for everyone. 

CHAIRMAN BURTON: Without objection, it will be 
made part of the record. 

MR. UEKERT: I apologize for that. 

My name is Kim Uekert. I've been a correctional 
officer at Sierra Conservation Center for 17 years, and in the 
Department for 17 years. 

The original issue report that, Mr. Burton, that 
you have received there is the only copy that I have of that 
document. 

CHAIRMAN BURTON: You can have it back. 

MR. UEKERT: That's quite all right. I have 
another copy of my own, and I'm sure that Mr. White has it also, 
has a copy. In fact, he should have four, dating back to, I 
believe, the year 1997. 

My concerns are not necessarily to object to 
Mr. White in and of himself, other than the fact that he is now 
running a department that I feel is defunct and deficient. 

I sent Mr. Ken 0' Brian, who was the original head 
of the IG's office a copy of this issue report that you have, 
sir. I received no response from him. 

Mr. Ford Cannut, who was the President of the 
Supervisors Organization, also sent this copy of the 33-page 
issue report. 

This was — I should give you a little background 
on this, and I'll to be just as brief as possible. 



45 

This report is concerning a sex discrimination 
alleged charges against five individuals at Sierra Center, I 
being one of them. The investigator took it upon herself to 
falsify witness testimony, falsify her written reports. 
Actually forged documents, transcripts, and so on. 

What we did, sir, was file criminal charges 
against the investigator, Ms. Toni Pacheco, who is at the 
forefront of that report. And Mr. Evert Fisher, Special Agent 
for SSU, was called in by Detective Bernie Malloy, who was in 
charge of the investigation, to conduct this investigatory of 
her investigation. That summarizes to where we get to this 
point. 

In this 33-page report, he did in fact establish 
that all of the aforementioned is true, that she was guilty of 
Penal Code violations — Penal Codes 132, 134, I believe 115, 
118, 118 (A) , and 129. 

Nothing was done, period. Mr. Ken 0' Brian was 
notified about this document, was sent this document. He said 
that he would not drop the ball on this particular issue. Saw 
everything that was wrong in this document, and would do 
something about it. From that point on, nothing was done. 

Since that time, I believe, as of a year ago, 
another copy was sent to the Inspector General's office, and 
nothing was done. 

Mr. White indicated earlier that he said that we 
should follow the chain of command. 

Sir, at this particular time, I have my briefcase 
approximately two inches thick of paper in which I followed the 



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chain of command all the way up to the Governor's Office. 

I talked to Ms. Carol Whiteside at that 
particular time, who directed me back to Mr. Joe Sandoval, who 
was the head of the Department of Youth, Adult and Youth 
Correctional facilities at that particular time. That was just 
before Mr. Senator Peace, as I called it, dressed down 
Mr. Sandoval and asked him to step down. 

Mr. Thomas Mattox then came in and addressed the 
issue that Mr. Sandoval had not directed to, or had not directed 
his issues to in regards to — 

CHAIRMAN BURTON: Okay, let's fast forward. 

MR. UEKERT: I am currently a victim of what 
Mr. White just now pointed out to this Committee of the IVL 
investigatory. He says that OIA was conducting an investigation 
of that particular issue. I have been found in this document 
that was supplied to three or four of you — I have been found a 
victim, a sustained victim-, of allegedly assaulting an associate 
warden. 

This document was given to me by OIA — 

CHAIRMAN BURTON: You're convicted of assaulting 
the assistant warden? 

MR. UEKERT: Associate warden, yes. 

CHAIRMAN BURTON: So, you're not a victim. 

MR. UEKERT: Well, I'm a victim of false 
allegations, sir, and false charges, correct. They have been 
sustained by OIA. This is a document that says that I have been 
found guilty of the alleged charges in this particular document, 
okay. 



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So the investigation is concluded. It is done. I 
have been found guilty. 

I have been off on stress, sir. I have been off 
based on the fact that of these false allegations, I believe 
this document is false even on the investigator's part based on 
a statement that indicates — 

CHAIRMAN BURTON: Sir, you stressed out. You did 
not get discharged? 

MR. UEKERT: No, I have not been discharged, sir. 

CHAIRMAN BURTON: You are still a correctional 
officer? 

MR. UEKERT: I am still a correctional officer. 

CHAIRMAN BURTON: Off on disability? 

MR. UEKERT: Correct. I filed a disability 
claim, sir, because of -- 

CHAIRMAN BURTON: I understand. 

MR. UEKERT: What has transpired here, sir, is I 
am accused of assaulting -- 

CHAIRMAN BURTON: What would you have this man 
do? This stuff all happened before he was here. At least I'm 
looking at 1996. 

MR. UEKERT: That happened. This is currently 
ongoing. 

From what I understand, this package was given to 
him the date the incident occurred. Rick Callison, who is the 
head of CCPOA, has given Mr. White a copy of this particular 
issue. 

CHAIRMAN BURTON: There's a time stamped about 



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three weeks ago. 

MR. UEKERT: Correct. 

From what I understand, Mr. White was actually at 
the institution the day after this incident occurred. I was 
escorted off because I was placed on ATO time. 

I believe what they tried to do was, as he 
correctly noted, kept him away from certain scenarios. And I 
respect that particular position that he took. 

I contacted Mr. Eely of OIA, and I said that I 
had questions in regards to OIA's position of investigating this 
particular issue based on the fact that Mr. Heiss — 

CHAIRMAN BURTON: OIA is — 

MR. UEKERT: The Internal Affairs 
investigatory — 

CHAIRMAN BURTON: So, we're right back to him. 
What would you have this man do? He's right there sitting with 
you. 

MR. UEKERT: I need to — so that he's fully 
aware of what's going on here, I need to — 

CHAIRMAN BURTON: The best way to make him fully 
aware, sir, would be after this hearing, to either — 

MR. UEKERT: I've sent him an entire package of 
this in January. 

CHAIRMAN BURTON: Yes, January 25th; it's three 
weeks ago. I imagine, and I'm not sticking up for him, I don't 
know anything, but I imagine that it's not the only package that 
came to his attention. What I assume is that somebody in his 
office, when he gets a package like this, would send you a note 



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acknowledging the fact that they got this stuff, and have you 
make an appointment with I don't know who's in the office to get 
a face-to-face. 

But we are not competent here to do anything 
except get you guys together. 

MR. UEKERT: I understand. 

MR. WHITE: Mr. Chairman, may I just say 
something briefly that may give some closure, and that is that 
we did receive a call from Mr. Uekert on January 23rd. We did a 
preliminary review, and we opened a case on February 7th, and a 
letter of acknowledgement was sent on February 8th. 

So, this is moving exactly as it ought to. Most 
of the events that Mr. Uekert has talked about, of course, 
preceded this administration, and statutes have run, and 
everything else. 

CHAIRMAN BURTON: Did you get the letter of 
acknowledgement? 

MR. UEKERT: No, I have not, sir. 

My main concern in this whole thing — 

CHAIRMAN BURTON: Hold on; just wait for a 
minute . 

They sent it out. You've got the same current 
address or something? 

MR. UEKERT: Yes. 

MR. WHITE: It was just mailed February 8th. 
That's yesterday. 

We just got the request, and we responded to it. 

MR. UEKERT: I appreciate his input. 



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What I'm trying to explain to this Committee is 
that I have heard this before. I've heard this same song and 
dance . 

CHAIRMAN BURTON: You have not heard it from an 
Inspector General. 

MR. UEKERT: Yes, I have, sir. Not from this 
particular Inspector General. His predecessor and Mr. Ken 
O'Brian, who was in here before him. 

So, what I'd like, and like I said, I'm 
re-establishing my position again, I am not opposed to Mr. 
White. I'm opposed to the Department, who has shined my 
position on since I gave them this particular copy of it two 
years ago. 

CHAIRMAN BURTON: That's why there is an 
Inspector General, because people didn't think that the 
Department was doing the J.O.B. 

MR. UEKERT: Absolutely. 

I am hoping that Mr. White can establish some 
credibility with the employees of the Department of -- excuse 
me, Correction, not Corruption, and that's what I believe it is, 
but that's still beside the point, I'm sorry. 

I'm hoping that he can establish some kind of 
credibility with the Department of Corrections because there 
needs to be. These people are committing criminal acts and are 
getting away with it and not being held accountable. 

So, my question to him is, he said that he was 
working with them. If they are discovered doing criminal acts, 
will they be held accountable in the criminal system, which any 



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one of us would if we were held guilty, or held accountable for? 

CHAIRMAN BURTON: He has not, I hope, got the 
power to indict people if he finds violations of the Penal Code 
that, he knows that, having been a DA, refers it to the DA in 
the appropriate county to take action. 

I personally don't want to see anybody with the 
ability to indict. He could take it to the Senate or the Grand 
Jury, do something else. 

I think that you certainly have brought the 
matter to his attention. Had this been next week, you would 
have gotten the letter. 

I think that you're going to get the type of 
action — 

MR. UEKERT: I hope so. 

CHAIRMAN BURTON: — that you're seeking. 

Thank you. 

MR. UEKERT: Thank you, sir. 

CHAIRMAN BURTON: Any others? Senator Knight. 

SENATOR KNIGHT: One question of the witness. 

MR. UEKERT: Yes, sir. 

SENATOR KNIGHT: First of all, a question of Mr. 
White, but you, too. 

I would assume that any information that you get 
that would constitute a criminal activity, that you're obligated 
and you are dedicated to provide that to the district attorney, 
and encourage the DA to take action. 

MR. WHITE: Yes. 

SENATOR KNIGHT: You made a statement in the 



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beginning of your testimony about the fact that you were 
referred to moving your complaint through the process and up the 
channel; is that right? 

MR. UEKERT: Yes, that's correct. 

SENATOR KNIGHT: That is not, to my 
understanding, the purpose of an IG. The purpose of the IG is 
to not have to go through the process or through the chain of 
command in order to effect a complaint. 

He should be able to go directly to the IG. I 
don't think the IG should be saying, send it up through the 
channels. 

CHAIRMAN BURTON: I asked that question, and I 
believe he said that anybody is free to go directly to the IG. 

SENATOR KNIGHT: But I don't think the IG should 
be recommending or encouraging people to go through the 
channels . 

CHAIRMAN BURTON: That's a good point. What we 
learned in the service, wasn't it, Colonel? You always go 
direct to the IG. 

SENATOR KNIGHT: That was your right. 

CHAIRMAN BURTON: You bet it was. 

And if you wrote your Congressman, you got CI, 
Congressional Interference. 

SENATOR KNIGHT: Oh, Congressional Interference. 

CHAIRMAN BURTON: It scared you to death, didn't 
it. 

But I think that is a point. Why would, if 
somebody comes with a beef, that you tell them why don't you go 



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back through the chain of command? 

MR. WHITE: Mr. Chairman, we will make a judgment 
on that whether it could be addressed through the chain of. 
Command . 

There are thousands and thousands of these 
grievances that come up through all of these departments that we 
oversee, and the consequence of us just taking them as original 
jurisdiction office would mean that our staff would literally be 
in the thousands. And I don't think that that's the direction 
the Legislature or the Governor wants to go. 

We do encourage people, if they think that 
they're not going to get a fair hearing in their department, we 
don't require that they take the next step. 

But many of these things can and are resolved — 
can be and are resolved within the department. 

And remember, too, that we get these also from 
the inmates; these aren't just staff. And believe me, inmates 
have a lot of grievances. 

We would have more than a cottage industry going 
in about three weeks if we were to take all of these on original 
jurisdiction. 

SENATOR KNIGHT: Those that you evaluate, can't 
you send back to who ever the cognizant organization is and say, 
can't you resolve this back here? 

MR. WHITE: We do do that, Senator, if we think 
that it's one that should go to the department. 

But lots of times people feel that they can get a 
fair hearing in their department, or at least want to give them 



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a chance. 

And I think also the department, I think to hold 
the directors accountable for their department, they need to 
have, on the whole, an opportunity to fix their problems. If 
all their problems just get shifted to the Inspector General, it 
makes it, I think, harder for them to clean their own house. 

CHAIRMAN BURTON: Would you be more likely to 
send an employee back through channels than an inmate? 

MR. WHITE: No. 

CHAIRMAN BURTON: I mean, the employee, they've 
got a union; they've got a situation, they can do stuff. 

You know, you've got and inmate. You send them 
back through channels, where the channel probably started with 
what he or she perceived the problem would be. 

MR. WHITE: I say we're not more likely, Senator, 
because we would be looking at those independently and making, I 
think, an informed judgment of whether this person is going to 
get, has been getting, or will get a fair shot at a fair 
review. 

Inmate — I don't make that distinction between 
the inmates and the staff for that purpose. 

CHAIRMAN BURTON: I think I would. It just seems 
to me that if I was a guard, I would have a better shot maybe, 
depending on what it was, going through the system. 

If you're an inmate, unless it's inmate versus 
inmate, I think going through the system ain't going to do them 
a hell of a lot of good. That's just my theory on life. 

Senator Knight, any other questions? 



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Moved by Senator Burton. Call the roll. 

I'm sorry, hold on. 

FROM THE AUDIENCE: I had a view to express, if I 
could. 

CHAIRMAN BURTON: Be my guest. 

MR. LANGLEY: Chairman Burton, distinguished 
Members of the Committee, my name is Gary Langley, 
L-a-n-g-1-e-y. 

I'm a retired correctional captain with the 
California Department of Corrections. I spent 23 years with the 
Department, and worked my way up through the ranks. 

I was forced to medical retire. I did not want 
to, but it was as a result of abuse by administrative staff at 
the institution I last worked at. 

And to make a long story short, because I know 
brevity is in order here, I filed lawsuit. An outstanding law 
firm here in Sacramento represented the Department of 
Corrections: Kronick, Moskovitz, Tiedemann, and Girard. And 
basically, they out gunned my one measly attorney that I could 
hire. My attorney became ill — two heart attacks, a broken 
back — and was unable to do the necessary things. Therefore, I 
lost the Summary Judgment Motion. 

It was finally decided by the two new attorneys 
that I hired so much was lost after five or six years of 
fighting the case, it would be best just to settle with the 
Department to avoid legal fees, paying the state, although I had 
significant documentation to prove my point. 

I tell you all of this just to bring you current 



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in case Mr. White should have this information. 

I went to the IG's office last February. I don't 
recall who his predecessor was, but Mr. White was not in office 
at that time. 

I met with a young lady by the name of Solange 
Brooks. Perhaps some of you know her. I don't know what 
capacity, but my impression was that she was, perhaps, second in 
command of that office at the time. 

When I showed Ms. Brooks the documentation that I 
had, it was my perception, and my layman's opinion — I'm not an 
attorney -- that I had sufficient documentation to demonstrate 
that a warden had committed serious felonious acts, and that he 
tried to perpetrate witness tampering in my federal lawsuit by 
threatening a correctional captain at his institution, under his 
charge, just prior to depositions. This captain wrote an 
extensive letter to his superiors in Sacramento. 

The Department of Corrections never believed that 
I would ever obtain a copy of this letter, but I did. It's a 
detailed letter explaining what this captain went through by 
this warden, and the threats he was subjected to. 

At that same time that this was — that I became 
aware of this document, as some of you may remember, President 
Clinton was going through some ordeals. I did not know what 
subordination of perjury was. I had never even heard the term 
prior to this. After I heard all the experts across the county 
describe subordination of perjury, I soon became somewhat of a 
layman expert and applied it to the letter that I had in my 
possession. 



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This was presented to the Department of 
Corrections during the course of depositions. 

You mentioned earlier, Senator Knight, something 
about being obligated to report felonious acts, or at least what 
I perceive to be felonious acts. 

I don't think the Department did anything. High 
level people in Sacramento were aware of it. They did nothing, 
in my estimation. 

CHAIRMAN BURTON: What would you have this man 
do? 

MR. LANGLEY: This brings me — Senator, you're 
right. 

I went to the Inspector General's office last 
February. Mr. White was not in office. I met with Ms. Brooks. 
In her words, she says, "My God, this is probably the most 
serious thing brought to this office." 

Two days later she called me up and told me that 
she'd talked to the then-current IG and said it was 
exceptionally serious, that they wanted to look into it. And 
then a few days later, she called back and said, we're getting a 
new IG. She says, can you hold off for a couple of months until 
he becomes acclimated. I said, certainly. 

I waited. 

CHAIRMAN BURTON: So, what you would like him to 
do is have his office review the documentation that you sent, 
and that this woman said was the most serious affront that, at 
least, she had seen? 

MR. LANGLEY: Well, the point that I'm trying to 



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make, Senator, is the fact his office has had these documents 
for a year. 

CHAIRMAN BURTON: I understand they have it, and 
it may have got caught in the switch; it may not, who knows? 
The point being that, do you know if that woman's still there, 
Mr. White? 

MR. WHITE: She is not, Senator. 

CHAIRMAN BURTON: She ain't there, either. I've 
had the same problem. 

MR. LANGLEY: She is available. I understand 
she -- 

CHAIRMAN BURTON: I'm sure that there's a file 
number, or a file name, and that you'd have somebody look at it 
and see what just happened, if people just kind of went by the 
wayside. A new one came in; she took a hike. Nobody knew that 
the file was there. 

MR. LANGLEY: If you will give me just a moment, 
Senator, I think you'll understand my position. 

I had told Ms. Brooks that I would send her 
additional documentation on other matters. Several months went 
by because the documents were so voluminous. And she said, 
"We're going to close this case if you don't get these documents 
in by this time." 

So, when I called her, she gave me an extension. 
And then during the course of the conversation, it was brought 
to my attention that the new Inspector General had, in fact, 
come from the law firm of Kronick, Moskovitz, Tiedemann, and 
Girard, which is the same law firm that I was fighting at the 



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time, and that concerned me. 

This was just few days before Ms. Brooks was to 
leave to go to C-POST as the interim director, I believe. 

I asked her if it was possible that I could meet 
with Mr. White, because nothing had been done regarding my 
documentation that I had provided. 

CHAIRMAN BURTON: Here he is. 

MR. LANGLEY: I met with Mr. White in December. 
I contacted Mr. Martin Hoshino. He was gracious enough to 
arrange for a meeting. 

We had a very lengthy conversation and meeting in 
his office. He was very gracious at the time. I expressed my 
concerns to him. I wondered where his loyalties truly lied. 

He told me it lied with the position and doing 
the job. 

A few days later, I received a call from 
Mr. Hoshino, explaining to me that they were initiating, finally 
now, after ten months, an immediate investigation into my 
documentation, which had been in that office the whole time, 
which he supposedly was aware of. 

CHAIRMAN BURTON: We understand. 

MR. LANGLEY: Then, on January 21st, a letter was 
typed up to me. 

Now, keeping in mind the documents I provided 
dealt primarily with a 1997 issue, 98 percent of the documents 
primarily dealt with '97. 

The letter was written by Mr. Hoshino, stating, 
we have reviewed everything, and the issues from '92 to '94, the 



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time constraints have now gone by. There's nothing we can do 
criminally or administratively. And most of the people you're 
referring to have either retired, are deceased, or have 
resigned. 

CHAIRMAN BURTON: So, we still have from '95 to 
today. 

MR. LANGLEY: Well, I ' d be happy if they'd had 
just looked at the '97 issue, which was predominantly what I 
gave them. 

Unfortunately, what I told Mr. White is that, 
"Mr. White, I will be at your confirmation hearing. You will 
determine which way I'm going to express myself." 

So, of course, two days later I was told they 
were going to investigate it. Then I get this letter on the 
21st of January telling me — 

CHAIRMAN BURTON: The letter said what? 

MR. LANGLEY: There was nothing there. It never 
even mentioned the '97 issue. It's as if it fell off the face 
of the earth. 

CHAIRMAN BURTON: So, the letter said there's 
nothing between '92 and '94? 

MR. LANGLEY: Correct. 

CHAIRMAN BURTON: Could somebody take look at 
1997? 

MR. WHITE: Mr. Chairman, we have done that. And 
during the course of all these conversations, there were 
numerous communications from us to Mr. Langley, and requests 
both oral and in writing for documents that he possessed that he 



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61 

declined to give us. He wanted, first of all, to determine that 
there wasn't any, as he expressed it, confusion about where I 
worked, whether it was for my old law firm or for the Inspector 
General's office. 

When I sat down with him I said, "Mr. Langley, we 
need those documents. If you've got something that you want us 
to look at, you need to provide us those documents." 

We'd been requesting those for several months 
running now, since before I even became the Inspector General. 

He said that he needed to know whether he had a 
confidence level in us, with me as the Inspector General. 

CHAIRMAN BURTON: Senator Lewis. 

SENATOR LEWIS: With regard to the documents, he 
referenced one that seems rather important, the document from, I 
believe, he said a captain who said that he was suborned to 
commit perjury. 

Do you have in your possession, or have you 
reviewed that particular letter? 

MR. WHITE: We have some documents which are 
inclusive of that. They were not all the documents that he 
talked about. 

He made a number of allegations exclusive of that 
that we wanted also to look into. 

The one that we have we are looking into. In 
fact, we have — see, this is another area where we just can't 
get into. We have been in discussions with two prosecutorial 
agencies, federal and state. 

CHAIRMAN BURTON: You've got that document. 



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MR. WHITE: And we've been moving on it. 
CHAIRMAN BURTON: And you're moving on that 

Senator Lewis. 

SENATOR LEWIS: That one particular document you 



do have? 



MR. WHITE: We have -- yes. 

We do not have the documents that he refers to. 
We have a small -- 

CHAIRMAN BURTON: You have the letter he referred 
to that may or may not be prime facie evidence that somebody 
suborned perjury. 

MR. WHITE: That's correct. 

CHAIRMAN BURTON: And you're looking into that. 

MR. WHITE: Yes. 

MR. LANGLEY: In closing, Senator, and I think 
it'll put everything in perspective. 

18 A week ago last Friday, because I had not heard 

19 from them after I had called and left a message for Mr. Hoshino 

20 after receiving the letter, I called back. I left a message, 

21 and I talked to a Mr. Minard out of the IG's office. I talked 

22 to him twice. 

23 Ultimately, a Mr. Regis Lane contacted me, and we 

24 talked extensively for one or two days. He told me on that 

25 Friday that he had been delegated the task to look into this 

26 issue, and that he would contact me the following day, Saturday. 

27 And I said, you're working? He says, "Yes, I'm working on this 

28 thing Saturday. I'll call you 10:00 a.m." 



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I waited all day Saturday and Sunday. No 
contact. I waited nine days. No contact until this past Monday. 

I contacted Mr. Lane, and Mr. Lane told me — I 
said, "What happened to the phone call. Regis?" 

He says, "Well, all I wanted was those other 
documents from you, but you know what? After reviewing 
everything, I realized I had everything I needed and more. I 
didn't need any more documents from you for this issue. And 
that's why I didn't contact you." 

I do not say — I think that Mr. White has 
fantastic credentials, but either he does not have a handle on 
his office, or as Mr. Minard told me, out of your office, "Gee, 
Gary, maybe yours just fell through the cracks for a year, " and 
after all my reminding, and supposedly about something that was 
one of the largest issues in their office, and it fell through 
the cracks? 

One final statement and I'm done, Senator. 

One of the biggest concerns of correctional 
employees, and it was brought up a few times here in 
conversation today with other folks, is that there's two sets of 
standards for justice application within the Department. That 
for the lower level people, and that for the higher level. 

In my opinion, 23 years of experience, it 
absolutely exists. And I'm kind of concerned with Mr. White 
that maybe it's permeated his area. 

Therefore, I do not agree with his confirmation. 

I thank you all for this time. 

CHAIRMAN BURTON: Call the roll. 



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64 



Senator Hughes. 

Aye. 

Hughes Aye. Senator Knight. 



SECRETARY WEBB 

SENATOR HUGHES 

SECRETARY WEBB 
Senator O'Connell. Senator Lewis. 

SENATOR LEWIS: Aye. 

SECRETARY WEBB: Lewis Aye. Senator Burton. 

CHAIRMAN BURTON: Aye. 

SECRETARY WEBB: Burton Aye. Three to zero. 

CHAIRMAN BURTON: Thank you. 
Congratulations . 

MR. WHITE: Thank you, Mr. Chairman, and thank 
you, Members. 

[Thereupon this portion of the 

Senate Rules Committee hearing was 

terminated at approximately 11:11 A.M.] 
— ooOoo — 



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65 

CERTIFICATE OF SHORTHAND REPORTER 

I, EVELYN J. MIZAK, a Shorthand Reporter of the State 
of California, do hereby certify: 

That I am a disinterested person herein; that the 
foregoing transcript of the Senate Rules Committee hearing was 
reported verbatim in shorthand by me, Evelyn J. Mizak, and 
thereafter transcribed into typewriting. 

I further certify that I am not of counsel or 
attorney for any of the parties to said hearing, nor in any way 
interested in the outcome of said hearing. 

^ IN WITNESS WHEREOF, I have hereunto set my hand this 
// day of \y^d^^v6^^- / 2000. 



A'^A , ^ 



-t- 



g~ 



^EVELYN" "J. ^KrZAlO) 
-Shorthand Reporter 



66 



Statement of Inspector General Steve White of the Youth and Adult 
Correctional Agency before the Senate Rules Committee on Wednesday, 

February 9, 2000 



Mr. Chairman and members of the committee, thank you for the opportunity to 
appear before you today. I feel privileged to have been selected by Governor 
Davis to serve in his administration and to lead the Office of the Inspector 
General. 

The Inspector General's Office changed dramatically in the last year. In that 
span of time, we evolved from a two-person entity inside the Youth and Adult 
Correctional Agency with a limited mandate to an independent office with vastly 
expanded duties. 

The Office of the Inspector General has broad responsibilities for overseeing 
California's correctional agencies. Oversight of the state's correctional system 
presents immense and unique challenges. We confront significant and volatile 
issues that affect the public's confidence in its government. 

Although the duties required of the Inspector General's Office are complex, our 
mission is clear: to protect public safety by safeguarding the integrity of the 
correctional system. 

Events of recent years have eroded the public's confidence in California's 
correctional institutions. Too often we hear of problems and abuses in our 
prisons and juvenile facilities. 

My goals as Inspector General are to provide leadership and direction to help 
restore the public's confidence in California's correctional agencies and to ensure 
safety and fairness within the institutions. We do this by spending time in the 
institutions, learning the problems, and ensuring that they are addressed. 

Shortly after I assumed office, I made a personal commitment to visit every one 
of the 33 Department of Corrections institutions and 1 1 California Youth Authority 
facilities in the state during my first year in office. My purpose was to meet every 
warden and superintendent face to face — to walk every institution — and to 
observe first hand how the facilities are run. After eight months in office, I have 
fulfilled that commitment. 

We know, and I have observed during my visits, that the great majority of 
correctional employees perform their duties professionally and effectively. But we 
also recognize that misconduct by a small percentage compromises the integrity 
of the whole system and creates serious and unnecessary risks for staff, 
inmates, and wards in an already dangerous environment. 



We will continue to use investigations and audits to illuminate specific issues, 
promote efficiency, identify recurring problems, and assess responsibility and 
accountability for mission failures. 

An established independent and credible investigations mechanism that 
scrutinizes all internal affairs investigations of serious official misconduct will 
produce two important results. First, it will standardize and regulate the 
investigative practices and policies of the correctional system — in turn, 
promoting accuracy, fairness, and credibility. Second, it will deter misconduct and 
prevent incidents that compromise our integrity, threaten our safety, and cost us 
dollars. 

!n 1999, the Inspector General's Office made full use of its investigative and audit 
powers. We conducted ten special major investigations at the request of the 
Governor and members of the legislature. In addition we reviewed some 800 
Department of Corrections internal affairs investigations involving allegations of 
serious employee misconduct. We opened more than 200 new cases of reported 
misconduct on the part of correctional agencies and resolved a substantial 
proportion of those cases. We also resolved more than 40 cases that had been 
carried over from 1997 and 1998. We opened a toll-free call center to enable the 
public and others to report possible wrongdoing by correctional agencies, in 
1999, the Inspector General's Office made full use of its investigative and audit 
powers. 

Last year we also completed five management review audits: two of adult 
prisons and three of youth correctional facilities. This year we will perform at 
least eight more such audits and begin a series of other audits directed at 
specific programs and areas. These audits and special reviews will continue to 
provide valuable prison management evaluations. We will help wardens, 
superintendents, and directors meet their specific institution missions and 
produce efficiencies and savings. With these tools, we will learn and describe 
what is working and what is not. 

Identifying the problems and determining accountability are often the easy part of 
what we do. Perhaps our greatest contribution will be in the strength of our 
recommendations — the changes to practices and policies that we can foster. 
We will work with the correctional system to ensure that the problems we identify 
are less likely to recur. Despite thorough and objective work, we recognize that 
some of our recommendations will not be popular and that not all will be 
welcomed. Nevertheless, we remain steadfast in our commitment to the 
responsibilities and challenges the Legislature and the Governor have given us. 

This concludes my prepared statement. I would be happy to answer any 
questions you may have. 



EXHIBIT VOLUME 

SENATE RULES COMMITTEE 

STATE OF CALIFORNIA 



WEDNESDAY, FEBRUARY 9, 2000 



*'. J ' 2 7/ 9 9_ _ MUN 1_4 --38 F.-U 9 1 # f 



2 41-JU 



• «-"^wwi» »;tci.3=io«iOO"c» ' 



INST HIT IONS DIV 



■ — so; 

I 



P. I 



f 

Jta/e of California ■ 



Memorandum 



/ ' 



Date : September 24, 1999 

To : Mike Pickett 

Regional Administrator. North 
Institutions Division 

From : Sierra Conaervation Center, Jamestown, CA 95327 



JIM DAVIS ^ r> 

IAN I 5 7 - S0 ° 0" 

■I /CTi/. i u-— •• 



^ 



Sgbjcct; ADMINISTRATIVE LEAVE PENDING INVESTIGATION 



Effective September 24, 1999. I have placed Correctional Officer Kim S, Uekert on 
Administrative Leave (ATO). for a period of 5 calendar days. 

I am requesting that you approve the allowable 10 days ATO which should allow for 
completion of an internal affairs investigation into allegations that Officer Uekert 
brandished a knife in the face of a staff member in an intimidating and threatening 
manner. It is not in our best interest to have Officer Uekert on institutional grounds 
pending the outcome of this internal affairs investigation. , .• 




MA 
Warden 



C. KRAMER 



cc: Investigative Services Unit 
Employee Relations Officer 
Personnel Operations Section 




S APPROVAL 



I have read the afcrcmcntiopcd-pcd agree that placement on ATO is appropriate and 
have appr"y"/ 1 '' 1;> - : 'prjr;v^T "p lp / A calen dar day v. 




^Regional Administrator - North 
Institutions Division 




FEB J0 12000 



-'.'■ . ■ ■ • 

STATE OF CALIFORNIA" 






INTERNAL AEFAIRS 
Investigation Request 



D CATEGORY I 

TO: M C. Kramer. Warden 

Sierra Conservation Center 
CASE* I-SCC-C53-99 



Q ^reovej D C^aDproved 



D CATEGORY 



□ Approved Q Disapprove-. 



TO; 



CASE #: 



Assistant Director, Office of Internal Affairs 
VIA; Regional Special Investigator-ln-Charge 



REQUESTED BY 

Name; 
Division: 


M. C. Kramer TiUe: Warden Telephone: 
Sierra Conservation Center J Address: P- ®- ^ ox ^97, Jamestown, Ca. 95327 


(209) 98- 


■ 


Signature: 


S ' /S7(y /J f smSS\ Date: 








/> '— K _.-//" ' 






COMPLAINANT: 
Name: 


R. Murphy ..Title: Investigative Services Unit Lieutenant 






Address: 


Sierra Conservation Center, P. 0. Box 497, Jamestown, Ca. 95327 Telephone 1 


(209) 98- 












SUBJECT OF INVESTIGATION: 

Name' Uekert, Kim jjUe: Correctional Officer 




SSN: 


552-88-5861 D0B : 0848-53 CDC Hire Date: 


01-10-8: 




Address: 


2420 Roble Ave., Modesto. Ca. 95354 Telephone: 


(209) 52J5 


1 


Address: 


Sierra Conservation Center, P. 0. Box 497, Jamestown, Ca. 95327 . Telephone: 


(209) 98|| 










ALLEGATIONS): 


Conduct/Threalenina With a Wearjon. None Firearm Date: Seotember24. 1999 Time: 0910 Hours Location: 


SCC EcolofC 



Merralr/e (Use additional sheets if necessary): 

On Friday, Seclember 24, 1999, at approximately 0910 Hours, SCC Staff were conducting a contraband search of the Ecology Center. During B 
search, numerous items of contraband were discovered, as well as an unauthorized inmate weight room equipped with weights removed from in 
weicht piles. Associate Warden William Heise contacted Ecology Crew Officer Uekert regarding his knowledge of the weight room and other ilfns 
of contraband found under his control. Heise. accompanied by Associate Warden John Martin and Office Assistant Marcy Salyers, walked oijol 
the Ecc.'ogy Center office. Heise, Martin and Salyers report that Officer Uekert exited the office with a knife, measuring approximately fouen 
inches in length, and proceeded direcUy to Heise informing him that the knife was just given to him by Culinary Staff for disposal. They repced 
that Uekert became agitated and began waving the knife in front of Heise's face. They stated that Uekert then walked a short distance from Hi|se, 
turned a.-.d proceeded directly to Heise again, stood approximately six inches from Heise's face and began waving the knife close to Heise's fac in 
a threatening manner. Heise, Martin, nor Salyer could recall what Uekert was saying to Heise as thay were focusing their attentions on the lile 
and Ue'iert's intimidating manner. Uekert then turned and left the area. See attached memorandums for additional information. 



INVESTIGATING EMPLOYEE: 
Name: 



TiUe: 



Telephone ? 



CDC-989 (OS/97) 




i 



]m ■£'. v.* ,V"~v ■'**•""" ■•'•" • r . ', .^Vl'" 






WORK HISTORY 

UEKERT, Kim S. 
Correctional Officer 



1. Location and Dates of Assignment: 

a. California Department of Corrections. 01-10-83 

b. Sierra Conservation Center, 03-28-88. 

2. Prior Adverse Actions: ■- 



i-ni-j ! LeUer-.o£InstruQli.ofl» elated 7-20-98, for use of force policy. .-^ - € 



c. 



Demotion, dated 12-13-93. for dishonesty, insubordination, 
discrimination. . . 



Special Commendations: 

a. Letter of Commendation, dated 2- 1-93. for attendance. 

b. Letter of Appreciation, dated 1-9-92. for performance. 

c. Letter of Appreciation, dated 9-9-91, for performance. 

d. Letter of Appreciation, dated 7-1-9 1 . for assistance during an emergency, 
c. Letter of Appreciation, dated 4-22-9 1 , for performance. 

f. Letter of Appreciation, dated 4-10-91. for performance. 

g. Letter of Appreciation, dated 3-8-87, for performance. 

h. Letter of Commendation, dated 2-23-86, for performance. 



4. Incident Reports: 



None noted. 



I 



5. Sum in an' of Pertinent Comments in Performance Reports: 

a. "*_ Standard. 



DEPARTMENT OF CORJlECriONS 

SIERRA CONSERVATION CENTER 

ronox jo? 

I IMESTOWN. CA 95J274497 

■JU-5291 



NOTICE OF LEAVE OF ABSENCE PENDING 
INVESTIGATION (ATO) 

TO: KIMS. UEICERT 

CLASSIFICATION: CORRECTIONAL OFFICER 

PLACE OF EMPLOYMENT: SIERRA CONSERVATION CENTER « 

I 

Pursuant to Government Code Sections 1 1 152, you are hereby placed on Administrative 
Leave of Absence effective: September 24, 1999. 

II 

This action is taken pending an internal affairs investigation into allegations that you 
brandished a knife in the face of a staff member In an intimidating and threatening 
manner. 



Ill 

Dunne this leave period you are relieved of all duties, rights, and powers arising out of 
your employment, including your peace officer powers. Your privilege to carry a 
concealed firearm off-duty has been revoked. Please be advised that you are still 
considered an employee of the department and that you should be available during 
normal working hours of the institution. You may complete necessary errands; however, 
you shall notify the Captain for Sierra Conservation Center whenever you will be at a 
location other than your normal residence and you must be reachable by telephone. 




September 24. 1999 



MATTHEW C. KRAMER 
Warden 



W.*^Ki^%v.;>4i*i*:. , «;:' 



M e'm orandum 



Date : September 24, 1999 

To : KimS.Uekert 

Correctional Officer 



From : Sierra Conservation Center, Jamestown, CA 95327 



Subject: SUSPENSION OF AUTHORIZATION TO CARRY FIREARM 



This is to inform you that effective immediately, your authorization to carry or possess 
an off-duty fLrearm, as prescribed under Penal Code Section 830.5, is hereby suspended 
pending investigation into the incident in which you were involved with on this date. 

If you have any questions, please contact M. J. Fox, Employee Relations Officer, at 
(209) 984-5291, extension 5265. 




/MATT 
Warden 



cc: Chief Deputy Warden 
Captain Lattimore 
M. J. Fox, ERO 
Personnel 



Stale n/Cii/i/onihi 



M e in o r n n d u in 



Date : September 24. 1999 



To : Mike Pickett 

Regional Administrator. North 
Institutions Division 

From : Sierra Conservation Center. Jamestown* CA 95327 



Subject: ADMINISTRATIVE LEAVE PENDING INVESTIGATION 



Effective September 24, 1999. I have placed Correctional Officer Kim S. Uekert on 
Administrative Leave (ATO). for a period of 5 calendar days. 

I am requesting that you approve the allowable 10 days ATO which should allow for 
completion of an internal affairs investigation into allegations that Officer Uekert 
brandished a knife in the face of a staff member in an intimidating and threatening, 
manner. If is" not in our. best interest- to have Officer Uekert .oh institutional grounds 
pending the outcome of this internal affairs investigation ^. /Jrt-y &/£> ~7V£y 2-^r ^ 

£***>£ 3&C/T '/^"TT/e c/jr,. 

^MAT'VlIE^V C. KRAMER 
Warden 

cc: Investigative Services Unit 
Employee Relations Officer 
Personnel Operations Section I 



APPROVAL/DISAPPROVAL 



I have read the aforementioned and agree that placement on ATO is appropriate and 
have approved/disapproved up to' 10 calendar days* 




M. T. PICKETT 

Regional Administrator ■ r\ T orth 

Institutions Division 



DATE 



SIERRA CONSERVATION CENTER 
P BOX 497 

5100 O'BYRNES FERRY ROAD 
JAMESTOWN. CA 95327 



CONFIDENTIAL 



iu: 



FAX COVER SHEET , 



CATE: 9/24/99 



M.T. PICKETT 



REGIONAL ADMINISTRATOR 



PHONE: < 916 ) 327-9112 



FAX: 



FnCM: 



M.C. KRAMER 



Warden 



PHONE: (2GS) 98^529 1 
FAX: (209) 98^-2607 



Number of pages including cover sheet: 2_ 



i 



RE: 

Message: 



1 

LAST TRANSACTION FEPORT FOR HP FAX-700 SERIES VERSION: 01 

WARDEN DATE: 24-SEf 

FAX fJUMBEl- 2099842607 TIME: 1! 

0^I£ Ux£ EEHQTE F«V. m£ ^ND NUMBER D URAT IO N Efi RESULT DJAGNJ^ 
SE= 15:51 S 916 322 4 140 0:00:51 2 OK 663840 1 0( 



S=FAX SENT 

0= POLLED OUT (FAX SENT) 



TO PRINT THIS FEPOPT AUTOMATICALLY. SELECT AUTOMATIC REPORTS IN THE SETTINGS MENU. 
TO F=IMT MtfUALLY. -FESS THE FE-ORT/SFACE EUTTON. THEN PRESS ENTER. 



, SLato of California 



Memorandum 



Date September 24, 1999 

To : M. C. Kramer 
Warden 

From Sierra Conservation Center, Jamestown, CA 95327 

Subject : CORRECTIONAL OFFICER UEKERT 

i 

At approximately 0910 hours on 'September 24, 1999, at Sierra Conservation Center's 
Ecology Center, ( was supervising a search team for possible contraband. 

I was informed by Sgt. K. Petrey of an inmate weight lifting room. I approached Correctional 
Officer K. Uekert about having knowledge of an inmate weight lifting room. Officer Uekert's 
response was, "I use the weight room as motivation." At this time, I reminded Officer Uekert 
of the Director's Policy of no weieht lifting equipment for inmates. I then walked into the 
Ecology Center correctional officer's office, ana observed numerous unaccounted for tools. I y 
proceeded outside the Ecology Center building with John Martin Associate Warden, and !f * 
Marcy Salyers, Office Assistant, and continued to observe the searching. /;,,', ,- foznmz _>^-,;:.',-. ,., 

Officer Uekert exited the Ecology Center with an approximate 10-inch French knife and 
proceeded in my direction, stating that this knife was just given to him for disposal by the 
culinary department. Officer Uekert became highly agitated and waved the knife in front of 
my face. It appeared to me mat he was attempting to intimidate me by standing very close and ' 
was waving trie knife in my face. At one point, Officer Uekert walked "away from me 
approximately 3 to 4 yards, then turned and proceeded to be directly in front of my face. 
Officer Uekert, at tins time, was approximately six to eight inches away from me. Officer 
Uekert waved the knife from side to side and a few times in front of my face. At this time. 
Officer Uekert turned and went into the Ecology Center and continued to search. 

This report is written for your information and disposition. 



r 



W. F.'HEISE 
Associate Warden 
Central Division 



,. . / 



... /■ 




1 

I 

I 



Stilt of California 



M e in u r a n d u m 



Date September 24, 1999 



To : W. F. Heise 

Associate Warden 
Central Division 

From Sierra Conservation Center, Jamestown, CA 95327 



Subject 






As instructed by you, I am writing this memorandum regarding the incident that I observed at 
the Ecology Center on this date, 

At Approximately 0910 hours, while scribing for the HDL/Ecology search. I observed 
Correctional Officer K. Uekert come out of the officer's door of the Ecology Center.' He was 
carrying a white handled butcher's knife, approximately 10 inches long. Officer Uekert came 
over to where you. Associate Warden Business Services John Martin, and myself were 
standing. Officer Uekert was directing his comments to you and stated, "see&e'ise-thisiis^the 
stuff I get. this is from Culinary"' (referring to the knife). As Officer Uekert was talking, he , 
was standing very close to you. approximately one foot away, and he was waving the knife in" 
ail kinds of directions. A couple of times I needed to back away because the Icnife seemed- 
very close to me. I heard you tell Officer Uekert that these tools should not be left in an 
unsecured office. 

I observed Officer Uekert stun to walk back towards the Ecology Office. He then turned 
around and walked up to you. It seemed to me, that as if to try to intimidate you, Officer 
Uekert stood face to face (approximately 6 inches) from you. he was still waving the knife 
around, and at one point the knife was close to your face. Office Uekert then turned around 
and went back inside the Ecology Center. 

If you have any further questions, please contact me at extension 5468. 

M. SALYERS . ' 

Office Assistant 
Mariposa Unit 






State of California 

Memorandum 

Date: September 24, 1999 

To : M. C. Kramer 
Warden 

From : Sierra Conservation Center. Jamestown. CA 95327 

Subject. SECURITY SEARCH 



On Friday, September 24, 1999, Sierra Conservation Center (SCC) conducted a security search at . 
the Inmate Day Labor (DDL) project, the inmate firefighter's quarters, and the ecology and 
recycling building. 

During this search. 1 accompanied Associate Warden Bill Heise on a walk-through inspection off/ 11 ''.,, 
the ecology recycling building. Upon entering the building, it was discovered that inmates hadc^'l ',, 
been allowed to utilize lockers for their own personal use. Custody staff were in the process of"' ;" . 
emptying the lockers and discarding what appeared to be significant amounts of inmate personal'"' 
articles. Upon exiting the building, we passed through the Correctional Officers^ office and '. . re- 
discovered uncontrolled tools, newspapers, books, and a radio. ..,, . • i'.,i<rt.,rrsfiLsZo£* f 

After cxiting'thc building, Bill Heise. Marcy Salycrs, Office Assistant, and myself were standing 
outside when Correctional Officer Kim Eukert came out of the building with a chefs knife in liis 
hand and approached Bill Heise. Waving the knife around in an argumentative manner, Officer 
Eukert said, "See. this is the kind of stuff I get out here." Officer Eukert got within a foot of Bill 
Heise. continued to wave the knife around, and argued about his ability to control Hot Trash. 
After a few moments. Officer Eukert walked back toward the building. He then turned around, 
walked back to Bill Heise. and waving the knife around in an intimidating manner, got within a 
foot of Bill Heise and continued to argue. The second time Officer Eukert approached Bill 
Heise. Marcy Salvers, who was standing to the left of me, stepped back as if she were afraid of a 
confrontation. After a few momentsjof waving the knife around and arguing. Officer Eukert 
returned to the buildins and we left tl^eareaT^^^. , ■ . ■> I 

— -^ f 

It was apparent that Officer Euken was upset, and was trying to defend himself by making 
excuses for the lack of control and the condition of his work area. 

If you have any.questions or concerns regarding this incident, please eontact'me. 

JOHN W.MARTIN 
Associate Warden 
Business Services 



Dop*nw\;nt 0/ Corrocoonj 

Supplement to the Crimc/Lncidcnt port (CDC Form 837) 



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Memorandum 



CONFIDENT 



x inL 



Date 
To 



SEPTEMBER 24, 1999 
LT. R. MURPHY 
I.S.U. LIETENANT 



From : Sierra Conservation Center, Jamestown, CA. 95327 



Subject: STAFF ADDRESS FOUND IN INMATES LOCKER 

ON FRIDAY SEPTEMBER 24,1999 at approximately 1115 hours.while performing 
my duties as a member of the. sensitive information task force, I discovered a 
piece yellow paper with firefighter S. Self home address. The piece of paper was 
hidden behind a picture on the shelf, above the bed. This bed is assigned to 
inmate Olague D04337 F. H. 03, this was confirmed by calling central control and 
also the mail inside the locker and bed area was addressed to inmate Olague. I 
gave the evidence to I.S.U. sergeant R. Mills at 1145 hours. 



Correctional officer 




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State of California 



Memorandum 

Do,e : September 24, 1999 



To 



All Concerned 



From Sierra Conservation Center, Jamestown 95327 



Subject : CORRECTIONAL OFFICER KIM UEKERT 



Effective Friday, September 24, 1999, Correctional Officer Kim Uekert is 
not allowed on Sierra Conservation Center grounds without permission from 
the Warden or Chief Deputy Warden. 

Contact the Correctional Captain-Custody at extension 5417 or, during non- 
business hours, the Watch Commander, at extension 5439, if Correctional 
Officer Uekert requests permission to enter institutional grounds. 

This memorandum will remain in effect until further notice. 




MATTHEW C. KRAMER 

Warden 

Sierra Conservation Center 

cc: Warden 

Chief Deputy Warden 
Employee Relations Officer 
Investigative Services Unit 



Ue->r-~-,<L 7"~" 



J-o^J 



A 




INTE> M AFFAIRS INVESTIGATION RF ,RT 



TO: C. A. Terhune 
Director 
Department of Corrections 

Attn: Richard J. Ehle 

Assistant Director 
Office of Internal Affairs 


Internal Affairs Investigator 

Name: Robert Blake 

Title: Special Agent 

Location: Office of Internal Affairs - Northern 


Case Number: 

N-SCC-344-99 


Date: 
November 23, 1999 



CONFIDENTIAL 



SUBJECT 



Nome: 

Classification: 

Location: 

Date of Birth: 

SSN: 

CDC Hire Date: 



LTEKERT, Kim 
Correctional Officer 
Sierra Conservation Center 
August 8, 1 953 
552-88-5861 
January 1, 1983 



SYNOPSIS OF ALLEGATIONS 



li/ff 



r- 



On September 24, 1999, M. C. Kramer, Warden, Sierra Conservation Center (SCC), 
requested a Category II investigation based on the alleged misconduct of Correctional Officer 
(CO) UEKERT. It is alleged on September 24, 1999, at approximately 0910 hours, SCC staff 
were conducting a contraband search of the Ecology Center. During this search, numerous 
items of contraband were discovered, as well as an unauthorized weight room equipped with 
weights removed from yard weight piles. Associate Warden (AW) Heise contacted Ecology /■'-' 
crew Officer UEKERT regarding his knowledge of the weight room and jotheriiternslof ^y^y* 
contraband found. under his control. Heise accompanied by AW Martin and Office Assistant 
fOA) Slayers, walked out of the Ecology Center office. Heise, Martin and Slayers reported 
UEKERT exited the office with a knife, measuring approximately ten inches in length, and ^\(j-' 
proceeded directly to Heise informing him the knife was just given to him by culinary staff ^li tP 
for disposal. They reported UEKERT then walked a short distance from Heise, turned and f- 
proceeded directly to Heise again, stood approximately six inches frorn Heise's face and 
began waving the 1 knife close to Heise's face in a threatening marmer.€Neifti6r^«se^Rartih^' 
nor Salvers ■« they were focusing their 

attention on the knife and UEKERT's intimidating manner. UEKERT then turned and left the 
area. 



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INVESTIGATION 



On September 27, 1999, Special Agent (SA) Blake was assigned to conduct the investigation 
into the September 24, 1999 incident. In preparation for this assignment, SA Blake reviewed 
the Internal Affairs Investigation Request (CDC 989) (Attachment A) and the available 
supporting documents. 



Internal A.;-.rs Invalidation f n Nunioer N-SCC-J44-!>y 
Page 3 

OCTOBER 4, 1999 INTERVIEW WITH JOHN MARTIN 

At approximately 0920 hours, SA Blake conducted a tape-recorded interview (Evidence #1) 
with AW Martin. The interview was relevant to Martin's knowledge of the September 24, 
1999, incident during a contraband search of the Ecology Center. The recorded interview was 
held at the Warden's conference room, SCC. Martin was interviewed as a witness and 
provided the following information. 

Martin stated on September 24, 1999, the institution was conducting a security 
audit of tl\e Inmate Day Labor (IDL) program, and Ecology Center, which is 
located outside the security perimeter of the facility. Martin said he along with 
Marcy Salvers, accompanied Mr. Heise to the IDL building. 

Martin indicated after leaving the IDL building they proceed towards the 
Ecology Center. As Heise entered the Ecology building through the east 
entrance, he walked around the Ecology building to the conex boxes to see 
what type of "hot tools" were being stored. Martin stated as he approached the 
conex boxes, Sergeant (Sgt.) Petrey stopped him and said "Martin, you need to 
see this." Martin said he followed Petrey into the Ecology building where he 
observed "what he would consider a huge mess." Martin stated he proceeded 
through the building to the officer's office where he observed Heise. As he 
entered the office, he observed severaritems considered contraband, radios; 
large quantity of uncontrolled tools, and numerous security issues. 

Martin said he, Heise. and Salyers left the office then exited the building using 

the back door of the officer's office. Subsequently, as they were standing _^-./ 

outside the Ecoloszy building UEKERT followed behind therrrholdins a large; r °_ , • a 7 ^'! 

"trench knife"' by the handle in his right hand. UEKERT walked in an ,%£o &' J ',. 

"aggressive tone" towards Heise and stated "see, this is the kinda stiiffl get out 5~?£>/ * fi ** \ 

here." shaking the knife in his hand. UEKERT stopped his approach ' / .j#rt'' , ' f ' c J / 

approximately "a foot from Heise," still flashing the knife around in his right ^// ;//i? "' 

hand. UEKERT then raised the knife a least one time in the direction of 

Heise' s face in a back and forth motion. Martin stated simultaneously a ,•■ , 

relative heated discussion erupted between Heise and UEKERT. concerning 

security issues relating to the Ecology Center. Martin indicated this discussion 

contmued-for a minute or.two.'then UTEKERT turned and walked awav from 
--t 

'?'- Heise. UEKERT then made an abrupt stop, turned around, again approached 

Heise and continued the argument and his action "with the knife. " . ^///f7" &)&' ^ ^' 

Martin indicated he was no longer concerned with the conversation between 

Heise and UEKERT. but of "what his actions were going to be." l3^S§S&- ff<Zoz!^/f\ 

continued T Swinging"ihe~kfufe'' : b"ack"; -^onh^up'fdp^rj^an'd Ground 1 Heise's face. d'onL-o /^**| 

Martin stated he felt the action of UEKERT was intimidating. As UEKERT 

approached Heise the second time, Salyers took a step back as it appeared she ^^ 

was alsojntimidated andj.rj.aid r^_ ^ /?/^e/7/^ 73 s^/***: /r &**JA/ 












Internal Allans Investigation V ft iNumoer .viH-o^-w 
Page 3 

Martin said he remembered some of the conversation between Heise and ^- /^ d/ ' ^ 

UEKERT, which centered on a weight room and of security issues related to A 7 ^' -^f:P- 

the weights. UEKERT responded by saying "he used it as i^$fc?f&f~ihe / p£jj&" 

inmates." Martin said it appeared to him UEKERT was being argumentative, ~\-\l> 1 ^^ 
attempting to defend his action. UEKERT was trying to defend his practice in 

allowing inmates ^perks" he knew they should not have. " _^- 

Martin stated he felt the actions of UEKERT towards Heise were threatening J£&p ' f +fit* ^ ^ 
and intimidating. Martin said if it is your intention to show somebody a "hot _^ "ft 1 ** 

tool item,' there is a way to do it, you most certainly would not do it in an ^ ^ifm 

unsafe manner, you do not flash it around, you do not wave it around." p" J 

Martin said the actions of UEKERT raised his adrenaline level; however, he , • p , 

did not personally feel tlireatened by UEKERT. However, he did feel Heisj^^-^^P ' 
was being threatened and if something were to happen, he would have to 
"step-in." 

Martin stated he felt UEKERT might strike Heise with the knife, his thoughts 
were about how he was going to "take this guy down" if he decided to do 
something. TTf j 7? £4>£*JT "7#/>T~ s^/Z^^? //£ gM&ttla J-JdQl/Sz. 

^j££f^aM dsjo /7^s-tS*ai& s/at/f &£&* er*a/-/&Q hear/, 

OCTOBER 4, 1999 INTERVIEW WITH MARCY SALYERS 

At approximately 0950 hours, SA Blake conducted a tape-recorded interview (Evidence # 2) 
with OA Marcy Salyers. The .interview was relevant to Slayer's knowledge of the September 
24, 1999. incident during a contraband search of the Ecology Center. The recorded interview 
was held at the Warden's conference room. SCC. Salyers was interviewed as a witness and 
provided the following information. 

Salyers stated Heise approached her with a request she perform the duties of a 
senbe, on the morning of September 24, 1999. Salyers said she accompanied 
Heise, along with Martin, to the Ecology Center where a search was being 



i). 



( r' r 



conducted for uncontrolled contraband. She, along with Heise, Martin, and ■ ; K ,J/ii'^ ,, 
LieutenarjL£L-t/) ; Bird walked into the officer's office wherejBjrdjfiund^located; ' ' pi ' j t T ; - ) " 
.,.- >7— ..U-untieF'the desk,V;a toolbox with numerous types of .'tools, hammers^, •■H>* iiL " ^fe&J lifU \ 
^X.yli ' screwdnvers, bolt cutters, both large and small. Heise, upon observing the -T^' 1 """ ,£>- 
tools said "get Officer UEKERT in here." Salyers stated upon the arrival of -f^ ec / 
UEKERT, ..Heise asked him about the tools that had been found. UEKERT 
responded by saying those were tools he received from different areas of the 
institution as "hot trash" to be disposed off. Heise told UEKERT he needed to 
keep those items secured in a locked locker and to dispose of them, not just ; ; * 

leave them under a desk. /CV/ -77/^r "77//i/jr -T^^ /^LM^fBJJy Jflyj 



Internal Ait'airs Investigation I n Number N-SCC-344-99 
Page -4 

Silvers said she, Heise, and Martin left the Ecology Center and walked 
outside. As they were all just standing there, UEKJERT came out of the 
building carrying a white handled butcher's knife, approximately ten inches 
long, holding it up in the air saying "see Heise, this is the kinda of stuff I get in . jrrp? 
here." cJJEKERT ; was walking >:towards~Heise; ihe [stopped, about .two to .three 






"7^' 



feet from ;him and began to talk. As he was talking to Heise about the tools, 
LTEKJERT was waving the knife around in different directions. Salvers 
indicated a couple of times, as LTEKJERT continued to wave the knife around, 
she had to "stand back because it was close to her, it was a pretty long knife. 

Salyers stated Heise and UEKJERT began to talk about the weight pile and why jfJ^^ '^' 
the weight pile was there. UTEKJERT said he had no excuse for the weights, but ^rz^i^^. T 

the tools were given to him at different times. Heise told UEKJERT he needed 
to keep those tools secured in a locked locker. UEKJERT explained he keeps 
the door locked and does not let anybody into his office. 

Salyers said LTEKJERT then waiked away but he stopped, turned around, and 
again walked towards Heise, but this time he got very close, about six inches 
from Heise's face. UEKJERT again began to talk about the weight pile and 
how he had no excuse for the weights. Salyers said this time UEKJERT placed 
the knife near their faces telling Heise he will take care of the tools. UEKJERT 
then turned around and walked back into the Ecology Center. 

Salyers stated she did not observe the knife directly in Heise's face, but as 
LTEKJERT was talking, the knife was on the side of his face. :Salyers saidjit 
was her belief UEKJERT was "just talking with his hands, but the knife was in 
his hand." Salyers indicated Heise did not back up when UEKJERT was 
waving the knife, he stood his ground, he did not move. 



Salyers said UEKJERT appeared very upset and was speaking in a very loud 
voice. Salyers said it was her opinion the more Heise stood still, the more 
upset UEKERT got. 

Salyers said she had a conversation with Heise some time later.| During the /^< r ~' 

conversation, she asked Heise "how was he able to remain so calm;-^He!sak(; <V " » /f ' D /J 
that is just the -way he .is." ^Salyers "said Heise appeared to snicker to himself? -*0 > 'J^ k 
not out loud but to "himself about rthe incident AvitluUEKERT. : Salyerslsaid ^fl^K M 
Heise did nbf appear "overly '/concerned. However, Salyers said she felt^^ 
threatened -by the actions of LTEKJERT. As LTEKJERT was waving the knife \j/ 
around, sheTelt she needed to step back because of her close proximity to J 
Heise. Salyers indicated she does not know UEKJERT, but felt intimidated/ 
with him having a knife. Salyers said she had no idea how far UEKJERT & 
would go. 

Salyers stated in closing Heise told her of a prior "past" he had with UEKJERT; 
however, he did not provide any specific information other than he and . 
LTEKERT had had problems. 






<i 



Internal Affairs Investigation f n Number N-SCC-344-yy 
Page 5 



OCTOBER 4, 1999 INTERVIEW WITH WILLIAM HEISE 

At approximately 1 100 hours, SA Blake conducted a tape-recorded interview (Evidence #3) 
with Heise. The interview was relevant to Heise's knowledge of the September 24, 1999, 
incident during a contraband search of the Ecology Center. The recorded interview was held 
at the Warden's conference room, SCC. Heise provided the following information. 

Heise stated on September 23, 1999, the day before the incident, Warden 
Kramer asked him to "set up a plan" to execute a search of the IDL area, the 
Ecology Center, and if time permitted, search the Firehouse. Kramer based his 
request on intelligence received from interviews of "some inmates" and 
intelligence from staff assigned to the institution's Lnvestigative Services Unit 
(ISU). 

Heise indicated he was placed in charge of "setting up a task force" which 
involved searching for possible "gun powder, explosives, and blasting caps." 



i i 



Heise said on Friday, September 24, 1999, Kramer ordered the entire 
institution secured to facilitate the search of the designated areas. The search 
was executed at approximately 0800 hours. Heise stated as he reported. to the 
Ecology Center he was advised of an illegal weight roomr"Heise said he did 
observe weights and some weight benches, which should have been destroyed, 
stored in a conex box located just outside the Ecology Center. Heise stated he 
questioned UEKERT as to why the weights and benches were being stored. 
UEKERT responded by saying he used them for .motivational :p.urppsesi4?eise 
stated he told UEKERT "the Director does not have a policy on motivation. 
However, he does on the exclusion of weights." /--•'• L^^T :- < ' >' x ' : 



• e 



Heise indicated as he walked into the Ecology Center it was obvious to him the 



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inmates were not being supervised and the building was filthy with numerous .Ala'-- 



contraband items throughout. Heise said he then proceeded to the officer's 



/c>- 



station. Once inside he observed a radio and a. "tool box" with additional ^oo\s^^j^*^~^jT^7'fer 
lying on the office floor. UEKERT was questioned about the tools and other 
contraband items stored within the office. Heise stated because of his 
observations, he "properly showed a little bit of frustration in his facile 
expression, it was a bad scene." 



Heise stated as he left the officer's station, he walked outside, followed by ca ^^- ' ~> • '; 

Martin, and Salyers. As all three were standing outside the Ecology Center, . p 1 ^ l ' 
UEKERT exited the building waving what appeared to be a "french knife." uJ '< >+ ^ •'- • 

Heise said UEKERT came up very close to him, about two feet away, waving ; 
the french knife back and forth in front of his face stating "this is what the 
butcher shop just dropped off." Heise said his initial feeling in response to 
UEKERT waving the knife and of his agitated appearance was "lie is trying to 
intimidate me." UEKERT was talking very quickly and appeared nervous 
waving the knife. 



Internal Alfairs Investigation f "1 Number N-SCC-544-99 
Page o 

Hcise stated he remained calm although UEKERT was trying to intimidate ^ 

him. .Heise^tated LTErCERTappeared to. become "even more frustrated at the.- -~^^ c /^ . 
fact he was not intimated by his actions. • ;^£f t+fT^A 

Heise stated there was a discussion between him and UEKERT; however, 
because lie was "watching the knife" he does not remember what was said. 

Hetse said UEKERT subsequently turned, walked approximately three or four 
yards then stopped abruptly, turned again and approached him a second time, 
but this time UEKERT got "real close to him, still waving the knife in front of 
his face" in a back and forth motion. Heise said UEKERT was close enough 
he could almost smell his breath, he was saying something but again he was 
looking at the knife and did not hear what was said. UEKERT continued 
waving the knife for "a little while," then turned and walked away. . '-'/ ' ~ 

Heise indicated his priority at the time was to complete the search; however,, 
sometime later in the day he directed Acting Captain 'Bird to retrieve the knife 
from the Ecology Center. Bird then instructed Sgt.-Mefford to "get the knife." . 
Heise stated the knife was brought to him and he turned it over to the ISU. 
Heise said he did not take the knife from UEKERT or mark the knife as 
evidence. 



Heise said he had known UEKERT for many years, UEKERT was a Sergeant £.& 

at SCC. However, adverse action was taken against UEKERT aftef^his"-^' „■ J 
testimony at a State Personnel Board hearing (SPB) resulting in a demotion to ^1 ^ 
a CO. In addition, there was a situation where he served UEKERT a Letter of 
Instruction (LOI) for '"distractions" being less than alert. 

SA Blake asked Heise if it was customary Tor UEKERT to talk with his hands.' ' 
Heise said, "yes, yes he does talk that way." However, this time it was 
different, UEKERT invaded my space. UEKERT, because of his closeness, 
provided no comfort level. UEKERT not only tried to intimidate him but he 
also invaded his space. 

SA BlakeVisked Heise if he was threatened by the actions of UEKERT. Heise 
responded saying the first time UEKERT approached him "he would not say 
he felt threatened" he felt UEKERT was attempting to intimidate him by using 
the knife, waving it in front of his face. The blade of the knife was not pointed 
towards him, the knife was used in a back and forth motion. /"- . *///// ,\jf?£^/ 

However, the second time he was approached by UEKERT with the knife he 

felt more cautious, he was thinking, "what am I going to have to do if this guy 5 ^ 

does something." O//: 1 ///" fi&ir'r. T>- . ,r~ 0>l>';t HftppZfS (jz\ fC.^ r J •--.. 

SA Blake asked Heise if he had an explanation as to why UEKERT would / , 

approach him in the manner reported. <i^eu^aiti^ie^^ \ [/ 






\ ,« 



Internal Atfairs Investigation .' >n Number N-SCC-344-9 , J 
Page 7 

On the day of the incident, UEKERT probably felt he was going to take some 
kind of adverse action or disciplinary action towards him. /^p.£ .-, ijJj^t' ? 

Heise stated as the search progressed he returned to the Ecology Center fjc-rf- ^ 
officers station. As he entered the office, . he observed a black spo rts. type bag" u)^^^ ^n~r*- r ■ 
with a newspaper sticking out of it. Heise said he asked, "whose is tins'' and Cf-^'' 
UEKERT said it was his. r TVJj /-Jf? a^- *-r^*/^ ;**/-.>' 77-';'-: Afe/f/z 

C /!'•£■ /*/s"a ~4~&< <?' r ~'* ' c/ ~ - 
Heise said he *>ave UEK£RT direction to place the basz on the desk, and to 
open the bag so he could look inside and see the contents. Included in the bag 
was some religious reading material. Also, on the outside of the bag at each ds oB^ 1 ^ 

end was a pouch. UEKERT pulled from a pouch a small container similar to a O^ . tflgA* 11 

Bayer aspirin bottle. Heise said he told UEKERT to open the bottle and f\ s^'' 1 ' 1 ..;.:-■ 

remove the contents. As UEKJERT complied, he noticed two or three "white £-f«*-o ' ' \-.k- 
little cross top pills.!' Heise said he did not .know,, what -the pills .were;"so1ie~ ff^f 7 '"";,.,. 
instructed all "rank and file employees" to leave the office ensuring, only j_''^' D ** 
supervisory staff remained. Heise said he radioed for ISU Officer Murphy to 
report to his location because he suspected one of the cross top pills might be #/* i** 6 *- 

amphetamine or some type of illegal drug. .Heise stated ;he allowed UEKERT'-^. ^— r^ f °' 7 
to stand at the entrance door but would not allow him into the office, while .the lfJ ^ & (?»#" 
field test was. being performed. Heise indicated some of the items were tested *" 
as he was leaving the area, but it was reported to him later, the pills were -"store 
bought stuff like you can buy at the convenience store.'!- -^ ,, w 4 .- /> <£>>j cTiy ^«^r j~ 7c .^ 

Heise stated upon the completion of the search, he reported to the Warden and 
documented the events of the day. _T r o*s 5,,<li/ >s> T+tjzF**r -7>/y r -7~r//Ty *)/»»t&*2 yv/c 

us/Six r i:-.'iy g 7/J£a/ +f£*x£ / / ■'_j -/Z Ttfc eJfo£££S/. 

OCTOBER 4, 1999 INTERVIEW WITH JOHN FOWLER 

At approximately 1020 hours, SA Blake conducted a tape-recorded interview (Evidence #4) 
with CO Fowler. The interview was relevant to Fowler's knowledge of the September 24, 
1999, incident during a contraband search of the Ecology Center. Dale Paugh, California 
Peace Officers Association (CCPOA) represented Fowler. The recorded interview was held 
at the Warden's 'conference room, SCC. Fowler was interviewed as a witness and provided 
the following information. 

Fowler explained the procedure for the removal of "hot trash" was on 
Mondays. -Wednesdays, and Fridays. Cal Sierra, the local Waste Management 
Department? would come to the institution; all designated hot trash would dien 
be loaded and removed. 

Fowler said he has never been provided supervisory direction on how to 
dispose o( hot trash, nor is he aware of any documented institutional 
procedure. 



internal Affairs Investigation i n Number N-SCC-3-44-99 
PageS 



SA Blake asked Fowler when presented with a butcher knife that is broken and 
considered hot trash, where would he store the knife pending disposal. 
Fowlers said he would store the knife in his office in a desk drawer/or locked 
in the "time box locker." 

Fowler stated upon his return from vacation in early September he observed a 
knife in the desk drawer located in the officer's station within the Ecology 
Center. Fowler said he had no knowledge why the knife was in the drawer or 
who put it there. Fowler indicated it was his belief the knife remained in the 
desk drawer for a few weeks before its removal and disposal. 

< j*i : ^■/•."yJ < ,'/7'/.f:;.' 
Fowler said he became aware of the existence of a weight room located behind 
the Ecology Center after he was assigned there; however, it was not a weight 
room, it was just some weights stored in a conex box. Fowler said he had no 
knowledge of how it was established or who authorized it. 

Fowler indicated he was not sure supervisory staff knew of the weights and of 
their location. However, he received no direction to remove or dispose of the 
weights. 



OCTOBER 4, 1999 INTERVIEW WITH EARL MEFFORD 

At approximately 1200 hours, SA Blake conducted a tape-recorded interview (Evidence #5) 
wuh Sgt. MEFFORD. The interview was relevant to Mefford's knowledge of the September 
24, 1999. incident during a contraband search of the Ecology Center. The recorded interview 
was held at the Warden's conference room, SCC. Mefford Was interviewed as a witness and 
provided the following information. s ^]\' : 

Metford stated on the morning ot September 24, 1999, he reported to work as ^J? ' .., ■ 

the Outside Patrol Sgt. . At abou^90P^ri09301n6urs; he was instructed by * -(?' 

Heise to report to the Ecology^reTften Upon his arrival Heise began to Pi s^ib*' 

question him about some items found within the Ecology Center, such as j"»lv- / 
radios, and some civilian work clothes found in inmate lockers. I 

SA Blake asked Mefford to identify a knife shown to him as the knife found 
during a search of the officer's station within the Ecology Center. Mefford 
stated the knife shown to him'appeared to be the same knife. 

SA Blake asked Mefford when he observed the knife on September 24, 1999. 
was the knife in one piece. Mefford stated when he retrieved the knife from 
the desk drawer after the completion of the search it was in one piece. -- 

Mefford stated he received direction from Bird to retrieve the knife and take it ^ t j c 

• to ISU. Mefford said as he removed the knife from the drawer he pulle^ the ; yj^^ fit 
handle from the metal stock to ensure the knife and handle would '^3M^\M^n^P^ 4 

evidence envelope. •*" , if-X^ 



Internal At'fairs Investigation n Number N-SCC-344-99 

Page 9 

Mefford indicated he knew of the knife and of its location for at least a month /- 



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prior to the search. In-addition,~he..knew _,the : knife -was: damaged,~the ^handle, 
.could :.be pulled away from tfhegnetal. Mefford stated he instructed UEKERT 
and other Ecology Crew staff to ensure the knife was placed in the hot trash 
and removed from the institution grounds. 

SA Blake asked Mefford if he was aware of a written procedure that would 
provide staff direction as to the proper disposal of hot trash. Mefford stated to 
his knowledge, no. 

SA Blake asked Mefford regarding his knowledge of a weight room near the 

Ecology Center. Mefford stated he knew of an assortment of weights being^ . /tf£ tf"* x 

stored in a conex box also used to store mattresses. Mefford confirmed his &'&'& "7b ^ 

knowledge of the weights and of his instructions to the Ecology Crew to <Gt?T & { ~ ' 

ensure of their disposal. Mefford stated his specific direction was "make them 

go away" if they are being used as weights, get rid of them, if you are storing 

them in the conex box to keep them out of the hands of inmates fine, if not 

"make them go away." Mefford said he gave that direction two months before 

the search conducted on September 24, 1999. 

Metiord stated he was present in the Ecology Center from approximately 0930 *** • 
to 1300 hours. During that time, he observed Heise leave the officer's office r 
"on a couple of occasions," followed by UEKERT. Mefford said at no time 
had he observed UEKERT leave the office with a knife in his hand. Mefford 
said he was sitting in the doorway, UEKERT would have had to walk beside 
him to get out the door. Mefford said he never observed UEKERT to remove 
the knife from the desk drawer the whole time he was "out there." 

Mefford said he did observe Heise and Martin standing just outside the 
Ecology Center, but was not sure the location of Salyers. Mefford said he 
could not remember a time when they were outside when UEKERT was also 
outside. iJUZ/g (QfU S^s. i.y^,e^r~<L* 

Mefford said he had a conversation with Heise in the plaza area concerning the 
incident With UEKERT. Heist told him UEKERT "had taken a butcher knife 
and was waving it in front of his nose." Mefford said as Heise was relaying 
information concerning the incident he thought to himself "when did UEKERT 
have the opportunity to do that because with his observations, UEKERT was 
never alone," lie never saw UEKERT leave the office with a butcher knife. 

Mefford said UEKERT expressed to him how upset he was about the 
allegations made ag'ainst him. he felt he was being harassed. -. .— ~| 

Mefford said UEKERT "is a pretty emotional type" but he did not feel 
UEKERT would intentionally harm anybody. ^^ 






*/**' 



iSy 






NOVEMBER 15, 1999 INTERVIEW WITH KIM PETREY 



Al approximately 1305 hours. SA Blake, assisted by ISU Sat. Bob Mills, conducted a tape- 
recorded interview (Evidence n 7) with Sgt. Petrey. The interview was relevant to Petrey's 
knowledge of the September 24, 1999, incident during a contraband search of the Ecology 
Center. The recorded interview was held at the ISU Interview Room. SCC. Petrey was 
provided a Notice of Investigatory Interview dated November 15, 199(9 (Attacliment D). 
Petrey was interviewed as a witness and provided the following information. 

Petrey stated on September 24, 1999. he was assigned by Heise, as the 
institution Special Emergency Response Team (SERT) Commander, to 
suDervise u team of SERT members to conduct a search of the institution 
Ecology Center. 

Petrey said at approximately 0900 hours on Friday, September 24. 1999. a i 
team of eight SERT members along with the team leader Sgt. Perez arrived at 
the Ecology Center and began the search. 






Internal Affairs Investigation 1 n Number N-SCC-344-99 
Page 12 



Petrey indicated he arrived at the Ecology Center at about 0920 observing the 
entire search team inside the Ecology Center. 

SA Blake asked Petrey if he had observed any one within the officer's office 
upon his arrival. Petrey stated there could have been any number of people in 
the office however, he had no recollection of who was there. Petrey stated 
during the time he spent in the Ecology Center, which was about a half hour, 
he could not specifically remember by name anybody in the office. 

Petrey stated he was not sure of the approximate time however, at one point 
during the day he had observed UEKERT holding what appeared to be two 
pieces of flat metal stock measuring about sixteen inches long, half inch wide 
and about a sixteenth of an inch thick. Petrey stated UEKERT showed him the 
metal stock and stated "this is the kind of stuff I get all the time." In addition, 
Petrey indicated when he was in the Ecology Center office with UEKERT he 
pulled from his desk drawer a "knife" with a blade of approximate twelve 
inches long with a white handle. Petrey said as UEKERT showed him the 
knife he stated "this is the kind of stuff that gets put back here day in and day 
out." Petrey said he was not concerned about a knife being in a designated' 
area tor hot trash. 

Petrey said he at no time observed UEKERT to leave the- Ecology Center, 
however, there was a lot of traffic in and out of the Ecology building, it was 
difficult to keep up with who was coming and going. 

Mills asked Petrey if he had heard Heise during the day of the search say "if 
anything goes wrong with this I will retire." Petrey said he had remembered 
Heise making a comment like that before, but he did not recall if Heise made 
the statement on the day of the search or not. Petrey indicated he has on one 
or two different occasions heard Heise make the statement, if something goes 
wrony I will retire. 



NOVEMBER 15, 1999 INTERVIEW WITH DON PEREZ , 

At approximately 1330 hours. SA Blake, assisted by ISU Sgt. Mills, conducted a tape- 
recorded interview (Evidence # 8) with Sgt. Perez. The interview was relevant to Perez's 
knowledge of the September 24, 1999, incident during a contraband search of the Ecology 
Center. The recorded interview was held at the ISU Interview Room, SCC. Perez was 
provided a Notice^of Investigatory Interview dated November 15, 1999 (Attachment E). 
Petrey was interviewed as a witness and provided the following information. 

-», 

Perez confirmed on September 24. 1999, his assignment was to search the 
Ecology Center. Perez indicated as a SERT squad leader he was provided a 
team of SERT members to assist him. Perez stated he was not certain of the 
time he and his team arrived at the Ecology Center however, it was in the 
morning between 0800 hours and 0900 hours. 



Internal Affairs Investigation *n Number N-SCC-344-99 

Page 13 

Perez slated upon (he search team completing the outside area of the Ecology 
Center he and his team entered the Ecology building. Perez indicated as he 
entered the building he observed UEKERT, who began to assist in the search. 
Additionally, he observed Petrey and Heist coming in and out of the building 
checking on the progress of the search. 

Perez stated at no time did he observe Heist and UEKERT in the office 
together. In addition, he did not recall seeing either Heist or UEKERT 
together during the course of the entire search, they were both there but he 
could not specifically remember seeing them together. 

Mills asked Perez if he remembered UEKERT showing Heist anything at any 
time during the search of the Ecology Center. Perez stated "not that he 
recalled." Also, Perez stated he has not been approached by anyone 
concerning UEKERT, a knife or metal stock. 

Mills asked Perez if he had heard Heist make the comment "if something goes 
wrong with the search, I am just going to retire." Perez said he had heard 
Heist make that comment at the morning briefing just before commencing with 
the search. Heist made the comment to the entire search team referring to 
searching IDL and what may be found in the rDL office building. Heist was 
concerned because within rDL they are all non-custodial staff assigned. In 
addition; Heist said "I have a responsibility to maintain institutional security. I 
am going to conduct this search and if I get into trouble because of it then 
maybe I will just have to retire." Perez stated Heist made the comment 
referring to IDL not- to the Ecology Center. Perez stated it was his 
understanding Heist was concerned about "stepping on the toes" of the free 
staff working within IDL. -r- _ j- ',__ __ ^ > 

NOVEMBER 15, 1999 INTERVIEW WITH EDWARD POPKE 

At approximately 1404 hours, SA Blake, assisted by ISU Sgt. Mills, conducted a tape- 
recorded interview (Evidence # 9) with CO Popke. The interview was jrelevant to Popke's 
knowledge of thb September 24, 1999, incident during a contraband search of the Ecology 
Center. The recorded interview was held at the ISU Interview Room, SCC. Dale Paugh, 
CCPOA, represented Popke. Popke was provided a Notice of Investigatory Interview dated 
November 15, 1999 (Attachment F). Popke was interviewed as a witness and provided the 
following information. 



•r 



Popke confirmed he-was working on September 24, 1999, initially assigned as 
a search team member. Popke stated upon the conclusion of a search of the 
IDL work area he responded to the Ecology Center where he was re-assigned 
to assist Heise. Popke indicated this re-assignment occurred around 1000 
.hours. Popke stated his responsibility became to identify for Heise different 
areas of IDL and to provide an escort for Heise and Salvers. 



ECOLOGY/DDL SEARCH I' 

9-23-99 

070U WARDEN ADVISED HEISE OF THE NEED FOR A SEARCH PLAN. ' . 

080G WARDEN INFORMED HEISE TO DEVELOPE A SERACH PLAN FOR ECOLOGY/IDL 

9-24-99 

0700 HEISE BRIEFED SERT 

0730 HEISE BRIEFED ADMINISTRATION STAFF 

0S45 SERT WEIGHTS POUND AT THE ECOLOGY. PETREY INFORMED HEISE THAT SGT. MCCLURE 
FOUND THE WEIGHTS AND WOULD AN ITEMIZED REPORT AND GIVE IT TO MARCY 

0904 BOLT CUTTERS, VARIOUS TOOLS, TORCH, KNIVES FOUND IN OFFICER'S OFFICE AT ECOLOGY 

0906 HEISE INFORMED SERT THAT THE WEIGHTS, LOCKERS, SPEAKERS, RADIOS ETC. IN ECOLOGY 
NEED TO GO. POPKE GETTING A TRUCK. . 

0918 FOLGER ADAMS KEY FOUND AND REPORTED TO HEISE IN THE MAIN OFFICE OF IDL. 

0944 HEISE INFORMED SERT THAT ALL OF ECOLOGY NEEDS TO BE SEARCHED. 

0945 HEISE ASKED OFFICER EKERT TO LAYOUT THE CONTENTS OF HIS LUNCH BOX. EKERT 
COMPLIED. PILLS WERE FOUND, HIESE NOTIFIED' ISU. 

1009 FIRE CHIEF STEPHENS BRIEFED HEISE REGARDING THE GUN POWDER/MAGNTSUM CAPSULES. 
CHIEF STEPPES SAID THE CAPSULES SHOULD BE IN A FLAMABLE, SECURED LOCKER IN A 
CONCRET BUILDING. 

1016 HEISE INFORMED KEN KESSLE THAT HE WANTS THE CAPSULES/EQUIPMENT STORED EN A 
SECURED CONCRETE BUILDING NOT AROUND ANY FLAMMABLE MATERIALS, AND 
INVENTORIED. 

1 04 1 HEISE INFORMED SGT. CALHOUN TO GET A TEAM TOGETHER TO SEARCH THE 
FTRESHOUS/LIVING QUARTERS. 

10-13 HEISE INFORMED SGT. KIRLAND TO GET AHOLD OF FEE TO FIND OUT IF THE CCI'S RECEIVED 
ANY INTELLIGENCE AND WHEN THE INTERVIEWS ARE COMPLETED THE IDL INMATES CAN 
RETURN TO WORK. 

1052 HEISE CONTACTED FEE, APPROXIMATELY 1/3 OF THE INTERVIEWS ARE DONE THERE IS ONE 
CONFIRMED METH/ONE CONFIRMED THC. 

1115 PERSONAL ADDRESS WAD FOUND IN A LOCKER OF AN INMATE AT THE FIREHOUSE. 
1 132 INMATE OLGUE, D04337, IS BEENG PLACED IN AD-SEG FROM THE FIREHOUSE. 



Internal Affairs Investigation on Number N-SCC-344-99 
Page 14 



Popke stated as he was driving Heise and Salvers. Salycrs began to talk about 
an incident, which had occurred between UEKERT and Heise. Salyers 
indicated while UEKERT was speaking to Heise outside the Ecology Center 
he appeared to be mad as he showed Heist some of the stuff being confiscated, 
one of which was a knife from the culinary. Salyers indicated she stepped 
back from UEKERT because he was "talking with the knife" he appeared 
excited, she did not want to be near UEKJERT with a knife in his hands. 

Popke seated after Salyers told him about the incident between Heise and 
UEKERT, he became upset because he knows LTEKERT, he knows "how..he . 
gets." UEKERT has a way of invading your space when he talks, no matter if 
he has a bible in his hands or a pencil/that is the way he talks. 

Popke said dunng his conversation with Salyers, Heise indicated he was not 
worried about LTEKERT saying "that is just the way he is, he would not do 
anything." Popke said he was not personally in a position to see or hear what 
transpired between Heise and UEKERT, only what had been told to him by 
Salyers. Popke said he has worked with UEKERT since 1984. LTEKERT will . 
get right in your face, which at time has been annoying but "that is what he 
does, however, he has never felt threatened by UEKERT. 

Mills asked Popke if at some point during the search or during the time he was 
assigned to Heise had he heard Heise make a statement "if something goes 
wrong with this search I will resign." Popke stated no he had not. 

NOVEMBER 15, 1999 INTERVIEW WITH MARCY SALYERS~~ """"^ 



At approximately 1435 hours, SA Blake assisted by 1SU Sgt. Bob Mills conducted a second 
tape-recorded interview (Evidence n 10) with OA Salyers. The interview was relevant to / *^j 
additional information gained by Salyers scribe notes documenting a sequential order of b u ! 
events relating to the September 24, 1999, incident during a contraband search of the Ecology J^'jl 
Center. The recorded interview was held at the ISU Interview Room, SCC. Salyers was ^ ol . J 
provided a Notice of Investigatory Interview dated November 15, 1999 (Attachment G). ft" ' & L 
Salyers was interviewed as a witness and provided the following information. 

Salyers confirmed her position on September 24, 1999, as a scribe assigned to 
Heise. In addition, Salyers stated she was in a position to document, scribe 
anything significant during the course of. the day. 

Mills asked Salyers to identify, using a computer-generated copy of her scribe 
notes (Attachment" H), a time during which the incident occurred between \ 
Heise and UEKERT. Salyers. indicated the incident occurred between 0906 
and 0918 hours, approximately 0910 hours- 

Salyers indicated' she,' along with : Heise* Martin, and •Bird' walked into the ^J^r* 1 
Ecology Center officer's, office, where Bird observed 'some 'uncontrolled tools^ ,.-, ...., 



a 1 - 




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n nm 



V- 



Intcrr.al Affairs Investigation ort Number N-SCC-344-99 / 

Page 15 

UEKERT was instructed to come into the office and provided an explanation 

as to why the tools in his office were uncontrolled. Salyers indicated shortly 

after UEKERT explained why the tools were in his office, she, Heise 'and . .-.-'"' 

Martin left the office and walked outside the Ecology building. , „■/-.-, //; -' 

Salyers stated they were followed a few minuterfater by UEKERT who was 
holding a ten-inch butcher knife over his head saying "this is the kind of stuff I ,jhf'- l? ' 
get down here." All the time he was swinging the knife around. Salyers stated 
because of her close proximity to UEKERT and given the fact he was waving 
; ;« _^=a knife around, she stepped back. Heise and UEKERT began to have a 

discussion about tools, and a weight pile. UEKERT then turned from Heise as ,- 

if he was returning to the Ecology building but stopped and turned back ^<i\/ & - 
around. He walked back towards Heise, stopping very close to his face, about £f ^fp*^*** 
twelve inches away. ^Salyers /said UEKERT* did .not appear to her to b^ fifr- "-'" 
"threatening,- but. he continued to wave the knife beside both their faces 
discussing some issues with Heise. Salyers stated she did not observe. the knife 
UEKERT had in his possession until he walked out of the Ecology building 
holding it. 

J - l , " 




Salyers said as she recalled there were no SERT members in the office during 
the time she, Heise, Martin and Bird were there, however, there were SERT 
members inside the building searching. Salyers stated as all three of them 
walked out of the office Bird remained behind. Salyers said as she walked 
outside of the office she did not observe anv additional staff present. 

(s'J/'-r.-: •,',?.:• r.\ :-■-.. -•■'■>/?..<' '- 

. Salyers said during a conversation between her, Heise and Popke -she 
remembered asking Heise how he could remain so calm with UEKERT 
standing so close to him with a knife. Heise snickered about the situation and 
said "that is the way I am" and he would "handle it later." Popke said he was 
shocked UEKERT would have acted in such a manner. 

Salyers indicated she did not scribe the incident, however, she should have and 
» had no explanation as to why she did not except she was nervous because of ^'^r' 

the actions of UEKERT. y>JF /iVa* jr tjra^^j _s*tc C&*^jr W-^£«/r /V? 

r , , Kin'- tW ******* ^ £^ ' Jj'H ZS 

NOVEMBER 16, 1999 INTERVIEW WITH ROBERT BIRD 

At approximately_0S50 hours, SA Blake, assisted by ISU Sgt. Bob Mills, conducted a tape- 
recorded interview (Evidence H 11) with Lt. Bird. The interview was relevant to Bird's 
knowledge of the September 24, 1999, incident during a contraband search of the Ecology 
Center. The recorded interview was held at the ISU Interview Room, SCC. Bird^was 
interviewed as a witness and provided the following information. 

Bird indicated he specifically remembered working September 24, 1999. as the 
Incident Commander supervising a special search project. 



Internal Affairs Investigation on Number N-SCC-344-99 
Page 16 



Bird said on the morning of September 24, 1999, Heisc conducted a briefing 
specifically detailing the days-scheduled activities, which included a search of 
IDL and of the institution Ecology Center. 






Bird stated at the conclusion of the briefing he, along with the entire search 
crew reported to IDL and began the search. Bird indicated as the search had 
progressed Heise approached him and asked if he had been to the Ecology 
Center yet and seen the "weight pile." Bird indicated he, along with Heise, 
Martin and Salyers left IDL, he proceeded to the rear of the Ecology building 
where he observed a weight pile being removed and placed in the back of a 



J truck. Heise and Salyers did not go with him but rather went inside the ^'//.-l 

'■?'-' -""-^Ecology buildintz. ^i^V'^' 

r '■■ \ fi' . Ufv 

n \r )?' : ' ^' rc * sa ^ ne subsequently went into the Ecology building to observe the s eaxejjxj^,^ rrW '■ 

^ \- J V , team. As he did. he saw within the officer's office various tools lying about JJ^tzr*'" )<**- 

j;.' ** i. ' and questioned UEKERT about tool control procedures. Bird said after a brief ^i^^ ™S5T\ 

4 i> discussion he left. However.fjome time later? he rerumed to the office and &*"~ 

%J j ^' observed UEKERT and Medford taking inventory of some contraband items. ,- -_ 

'' , --^ffo £*/£" lOAS /'j£o?.nZ£ c*=4sJy/ku£?€0 &**££ i r(c '^' 

Bird said as he was in the office with UEKERT and Medford, Heise came in ,,idc?-& '- 
and asked who the owner of the lunch box was. UEKERT identified the lunch ^^^ r* i 
box as belonging to him. Heise then asked UEKERT if he could look in the n .*-.. e&u*-. 
lunch box. Bird said this incident occurred between 1000 orTJOO hours. (Zaa>'-> 4 

"SA Blake asked Bird if he had knowledge of an incident between Heise and 
UEKERT concerning a knife. Bird said "no." Also, he did not know of an 
incident between Heise and UEKERT until later in the ' day during a 
conversation with the Warden, where he learned from Martin and Salyers they 
had witnessed the incident. 



NOVEMBER 16, 1999 INTERVIEW WITH ROBERT SHARKEY 

At approximately 0910 hours, SA Blake, assisted by ISU Sgt. Bob Miljs, conducted a tape- 
recorded interview (Evidence £ 12) with CO Sharkey. The interview was relevant to 
Sharkey's knowledge of the September 24, 1999, incident during a contraband search of the 
Ecology Center. The recorded interview was held at the ISU Interview Room, SCC. David 
Cadalien. CCPOA represented Sharkey. Sharkey was provided a Notice of Investigatory 
Interview dated November 16, 1999 (Attachment I). Sharkey was interviewed as a witness 
and provided the following information. 

Sharkey confirmed his assignment on September 24. 1999, as a SERT team 5 
member to assist in searching both the IDL and Ecology Center. Sharkey 
stated he could not specifically remember what time he arrived at the Ecology 
building. However, it was before noon. 



f 



Internal Affairs Investigate oort Number N-SCC-344-99 
Page 17 



Sharkey said he could not remember during the course of searching the 
Ecology building or during the entire day, being in or searching the office 
within the Ecology building. However, at one point during his search of the 
Ecology building he remembered seeing UEKERT and approximately three or 
four other staff members in the office. Sharkey said he made this observation 
because of the activity within the office it appeared as if LTEKERT's "lunch 
box" was being searched by other staff members but he could not identify 
them by name. 

Mills asked Sharkey if at any time during the search of the Ecology Center had 
he observed UEKERT in possession of any kind of metal stock or a knife. 
Sharkey stated he had seen UEKERT holding some kind of material but he did 
not pay any particular attention to what UEKERT was holding, nor had 
UEKERT communicated with him to identify what was in his possession. 



NOVEMBER 16, 1999 INTERVIEW WITH RICK CALLISON 

At approximately 1055 hours, SA Blake, assisted by ISU Sgt. Bob Mills, conducted a tape- 
recorded interview (Evidence # 13) with CO Callison. The interview was relevant to 
Callison's knowledge of the September 24, 1999, incident during a contraband search of the 
Ecology Center. The recorded interview was held at the ISU Interview Room, SCC. Dale 
Paugh, CCPOA, represented Callison. Callison was provided a Notice of Investigatory 
Interview dated November 16, 1999 (Attachment J). Callison was interviewed as a witness 
and provided the following information. 

Callison confirmed his employment at SCC and is currently the institutions 
CCPOA Chapter Present. In addition, Callison stated he remembered being 
assigned to a search crew on September 24, 1999. Callison stated within his 
assignment he did not receive supervisory direction to either assist or conduct 
- . ■■ a search of the Ecology Center. However, Callison stated "roughly" about 

s ,'■ >• 1000 .to -1030 -Hours; he was requested via institutional radio by UEKERT to 

.^ report to his location within the Ecology building because he had some 

^J>' concerns over a search of his "lunch box." In addition. Callison. stated Heise, 

as he wife responding to UEKJERTS request, told him "you might want to talk 
to UEKERT because he was up set. '^Callison: said Heise provided .information 
to him concerning a search of LTEKERT's lunch and that UTEKERT was -upset 
because he was told to leave the office during a subs"equeht'"testing x 'oT • , s^dfne* 
pills, found .in his .lunch box. >' Heise' said the pills were just some : b'v^er^the , • 
counfer-ryrje stuff. 

Callison stated upon his arrival to the Ecology Center he located UEKERT in \ 
the office. UEKERT began a conversation relating to the search of his lunch 
box and the testing of his "pills." UEKERT felt his Peace Officers Bill of 
Rights (POBR) might have been violated 






."' ''. ' 



Internal Affairs Investigauoi. on Number N-SCC-344-99 
Page 18 



In addition, UEKERT was concerned he may be in some kind of trouble for 
having "hot trash" secured in his office. Callison stated UEKERT then showed 
turn a stainless steel blade knife, resembling a butcher knife with a white 
handle, which was secured in a desk drawer 

Callison stated his conversation with UEKERT relating to the knife terminated ijj. 
and resumed centered around possible POBR violations. Callison said w 
UEKERT did not speak to him referencing an earlier incident occurring ■>*. 
between* himself and Heise around 0910 on September 24, 1999. Nor did V 
UEKERT speak to him about an incident involving Heise himself and a knife. £ r 

Callison indicated he did have a conversation with UEKERT about two metal 
rods UEKERT had retrieved from a locker, which was shown to Heise out in 
front of the Ecology building by the big bay door. UEKERT indicated he told 
Heise this is the kind of stuff we get out here and then disposed of the metal 
rods bv throwing them over a "fence." 



EVIDENCE -- ■■ ., ' . _ S 

1. Audiocassette recording of Martin's interview on October 4, 1999. 

2. Audiocassette recording of Salyers' interview on October 4, 1999. 

3. Audiocassette recording of Heist's interview in October 4, 1999. 

4. Audiocassette recording of Fowler's interview on October 4, 1999. 

5. Audiocassette recording of Mefford's interview on October 4, 1999. 

6. Audiocassette recording of UEKERT's interview on October 6, 1999. i,d rjCi/l'- ' j> f^V' j 



ATTACHMENTS 

A. CDC Form 989, Internal Affairs Investigation Request. 

B. Notice of Administrative Inquiry dated October 4, 1999. 

CDC Form 9S9-D Advisement of rights Miranda Lybarger Warning dated October 6, 
1999. 

I 

CONCLUSION 

The investigation disclosed sufficient information and evidence to make the following 
determinations. V . ,^-- , . <-. ___ / .; 

The allegation UEKERT was negligent in tfie performance of his duties to allow inmates the 
utilization of contraband weights is SUSTAINED. The investigation disclosed a 
preponderance of evidence to prove the allegation made in the complaint. 

■ Martin said he remembered some of the conversation between Heise and 
UEKERT. which centered on a weight room and of security issues related 
to the weights. '-' 



V 






Internal Affairs Invcsrigauor >ort Number N-SCC-344-99 
Page 19 

■ Salyers stated Heise and UEKERT began to talk about the weight pile and 
why the weight pile was there. UEKERT said he had no excuse for the 
weights. 7/^7"c /£'ia?A F' /Jc ~ "%£. cs^jST :"i' . //'» .-; v-^."- .■••■- "TJ/rfAJ / r < 

■ Fowler said he' became aware of the existence of a weight room located 

° , / 

behind the Ecology Center after he was assigned there. <^.-. >>//>, __^ 

■ Mefford confirmed his knowledge of the weights and of his instructions to 



the Ecology Crew to ensure their disposal. 



U/& ''»'??. ■ J '■>.'.: n 



~ . _ / 



c: 



■ SA Blake asked UEKERT if he was familiar with the Department's policy 
on inmates and their utilization of weights and weight rooms. UEKERT 
said "yes." In addition, SA Blake asked UEKERT if he was aware of the 
existence of a weight room located near the Ecology Center. UEKERT 
stated "yes. 'J^ l _ a J-tyjf ~7~#t*+7y/- / 

The allegation ITEKJERT's conduct towards .Heise was threatening with a weapon is 
SUSTAINED. The investigation disclosed a preponderance of evidence to prove the 
allegation made in the complaint. . 

• Martin said he, Heise. and Salyers left the office then exited the building 
using the back door of the officer's office. Subsequently, as they were 

..■• ,:. standing outside the Ecology building UEKERT followed behind them 7 'l 
holding a large "trench knife" by the handle in his right hand. UEKJERT "T '■■■)' 
walked in an "aggressive tone" towards Heise and stated "see, this is the 

r-. 1 " kinda stuff I get out here," shaking the knife in his hand. UEKERT 

stopped his approach approximately "a foot from Heise." still flashing the 
knife around in his right hand. UEKERT then raised the knife a least one 
time in the direction of Heise's face in a back and forth motion. 

. ;V«/ ■ UEKERT continued swinging the knife back, forth, up. down, and around 
Heise's face. Martin stated he felt the action of UEKERT was intimating. 

■ Maijin said the actions ot' UEKERT raised his adrenaline level; however, 
'fi^y he did not personally feel threatened by UEKERT. However, he did feel 

<?M Heise was being threatened and if something were to happen, he would 
, -have to "step-in." 



•\ r " 









rV 



Martin., stated he felt UEKERT might strike Heise with the knife, his 
thoughts were about how he was going to "take this guy down" if he 



,~\,:* ] decided to do something. \)££\J ^Lo^ flS/lsT///- 1 By Plft&TjJJ l'* 



TO 
Salyers said she. Heise. and Martin left the Ecology Center and walked 

,/. outside. As they : were r all just standing there; UEKERT came out of the 

/ j£/ building carrying a white handled butcher's knife, approximately ten 

n p^ ' inches lona holdinn it up in the air saying "see Heise, this is the kinda stuff 

/ '/>'F-" J I set in here " 



f 



a.')^- i gei in nerr ■ 

... * I 



Internal A i fairs Invesiigauoi ion Number N-SCC-344-99 
Page 20 

■ UEKERT was walking towards Heise; he stopped about two to three feet 
from him and began to talk. As he was talking to Heise about the tools, 
UEKERT was waving the knife around in different directions. Salyers 
indicated a couple of times, as UEKERT continued to wave the knife 
around, she had to "stand back because it was close to her, it was a pretty 
longknife.^-^ .^^^ *f?J*£> && $£<o*0 A&VV • rT? r>.v^:7; v h\ 

• Heise stated as he left the officer's station, he walked outside, followed by 
Marjin, and Salyers. As all three were standing outside the Ecology 
Center, UEK£RT exited the building waving what appeared to be a 
"french knife." 

■ Heise said UEKERT came up very close to him, about two feet away, --;" ^J?..i-Cj 
waving the french knife back and forth in front of his face stating "this is "]... •-_.. „• 
what the butcher shop just dropped off." Heise said his initial feeling in ^1'.- . ". r ■ 
response to UEKERT waving the knife and of his agitated appearance was ~ J •_. 
"he is trying to intimidate me." -r ;' ; >. ; ' r ' ^JJ 



s^-J-- 



■ SA Blake asked Heise if he was threatened by the actions of UEKERT. 
Heise responded saying the first time UEKERT approached him "he would 

. -not say he felt threatened," he felt UEKERT was attempting to intimidate 
him by using the knife, waving it in front of his face. The blade of the 
knife was not pointed towards him, the knife was used in a back and forth 
- - ..motion. However, the second time he was approached by UEKERT with 
thelcnife he felt more cautious, he was thinking, "what am I going to have 
to do if this guy does something." 

The investigation disclosed sufficient information based on the preponderance of 
evidence to SUSTAIN a charge of dishonesty. 

■ UEKERT was dishonest in that he denied the incident of waving the knife 
in the face of Heise, claiming the incident never occurred. l*jAs'. />*;..*•'' 

Witnesses Martin, Salvers, and Heise all confirm in thfcre testimony 
UEKERT approached Heise holding a knife in his had and confronted 
Heise swinging the knife in a back and forth motion, in the face of Heise. 



-;;-->// 




No testimony was offered by any other witnesses to refute the testimony or 
Martnv Salyers or Heise. ^jfL p, -,— /}g#f t T /^ <*/£! M/z£ £?>£*> 

/ 



^/y^^/^^^r;.^ L-/E.Z5 ; 



Internal Affairs Investigation k-pon Number N-SCC-344-99 
Page 21 



CASE STATUS 

The Office of Internal Affairs' investigation of this matter is closed. 

"I certify this inquiry/investigation has been completed in accordance with the provisions of 
Penal Code Section 6065." 



Date: 



Robert Blake 

Special Agent 

Office of Internal Affairs-Northern 



Date: 



.Art Smith 

Senior Special Agent 

Office of Internal Affairs-Northern 



Date: 



Mark Gregson 

Special Agent-In-Charge 

Office of Internal Affairs-Northern 



&j>/ 11/ ^o to.jH 



<J^U O*" > — 4 v/» *W* t I w 



J«->C*^ I CJ 



SSU REPORT 



TO: 

JAMES H. GOMEZ, DIRECTOR 
DEPARTMENT OF CORRECTIONS 
P.O. BOX 942883 
SACRAMENTO, CA 94283-0001 

ATTN: 

JIM B. BROWN 
ASSISTANT DIRECTOR 
LAW ENFORCEMENT & 
INVESTIGATIONS UNIT 


DEPARTMENT OF CORRECTIONS 
SPECIAL SERVICE UNIT - SACRAMENTO 


CLASSIFICATION 

PERSONNEL INVESTIGATION 


DATE February 14, 1996 


REPORT *: 43-001-96 



SSU REPORT NUMBER: 



SUBJECT: 



CONFIDENTIAL 
43-001-96 



PACHECO, Toni 

Correctional Counselor II", Specialist 

Mule Creek State Prison 

DOB: March 23, 

SSN: 555-02-361^ 

D0II: November 



AUTHORITY FOR REPORT 



JIM BROWN 
Assistant Director 
Law Enforcement 
Assigned on September S 



fr954 CONTROLLED DOCUMENT 

DUPLICATION OR REfSSUANCE 

13 ' ]919 CONTROLLED B^ LAW 

RELEASED 
BY 







SYNOPSIS: 

On September 29, 1995, Special Service Unit (SSU) was requested to attend a meeting with Tuolumne County 
District Attorney and Tuohinme County Sheriffs Detective Barnard Molloy. The meeting involved allegations by 
five (5) Department of Corrections (CDC), Sierra Conservation Center (SCC) officers. The five officers, 
Lieutenant Ernest Boswell and Officers Curtis Cooper, Danny Duncan, Alan Antonini and Kim Uckcrt alleged 
CDC Correctional Counselor 11 Toni Pachcco, Mule Creek State Prison, filed false official CDC reports against 
them. Pacheco's reports involved 1992 sexual harassment allegations initiated by SCC Officer Cliristinc Stockton 
against the five (5) officers. Detective Molloy concurred the five (5) officers presented evidence supporting their 
allegations against Pacheco. The Tuolumne County District Attorney requested SSU assist Detective Molloy in 
hJs criminal investigation of Pacheco. - 

This SSU investigation substantiated Pacheco failed to include exculpatory testimony, she failed to address 
conflicting testimony and failed to complete an investigative report on one other SCC officer Officer Stockton 



y 



_ J _ 



43-001-96 
Page 2 



alleged misconduct BgainsL The details of tin's investigation arc expounded in the "Investigation" portion of this 
report 

INVESTIGATION: 

On April 2, 1995, Department of Corrections (CDC). Sierra Conservation Center (SCC) Officers Curtis Cooper, 
Danny Duncan, AJan Antouhu, Kim S. Uekert, and Lieutenant Ernest Boswcll contacted Tuolumne County 
Sheriffs Detective Barnard Molloy. 'Hie SCC Officers alleged in 1993, CDC Correctional Counselor II Toni 
Pacheco, Mule Creek State Prison (MCSP), filed false investigative reports against them. Pachcco's reports 
involved 1992 allegations of sexual harassment filed by SCC Officer Ciiristinc Stockton against the five (5) 
Officers. The complaining Officers advised Detective Molloy they liad exhausted their administrative redress 
llirough CDC in an effort to have Pachcco's investigation reviewed. 

Detective Molloy reviewed the information supplied by the SCC Officers and prepared a preliminary crime report, 
£95-1716, and presented the report to Tuolumne County District Attorney's Office. After reviewing the initial 
crime report, Tuolunuic County District Attorney's Office determined sufficient evidence existed to warrant 
further investigation. Detective Molloy contacted Special Services Unit (SSIT), Special Agent Everett W. Fischer 
and requested a meeting between Tuolunuic County ShcrilTs Investigations and Tuolumne County District 
Attorney. 

On September 29; 1995, SSU Agent Fischer met with Tuolunuic County District Attorney and Deputy Sheriff 
Molloy at Tuolumne County Sheriffs Investigations Office. 'Hie meeting culminated in a request by the 
Tuolumne County District Attorney for SSU to assist Tuolunuic County Sheriffs Department in a criminal 
investigation of Pachcco's reports involving the accused Officers. Sp/ xial A^rnt Eischei: dismiss e d the Tuolumne 
County District Attorney's lequest with Assistant Director Jim litowi 
Director Brown directed Reporting Agent to assist Tuolunuic County 
Lieutenant Pachcco's rcj>orts. 



On October 2, 1995 Reporting Agent initiated a fonnal investigation 
against Correctional Counselor II Toni Pacheco. 



S1,c ' Wtotwti terati! ion of 

CONTROLLED BY LAW 

ROt:Bl$f:tJ'r : @* l ' ons °f criminal misconduct 
BY DATE 



Infective Molloy pjovided Reporting Agent a copy of liis initial crime report, //95-1716, naming Sergeant Kim 
Stephen Uekert as the victim and "Lieutenant" Toni L. Pacheco as a suspect for violations of Penal Code Sections 
132 (Forged Document as Evidence), 134 (Falsifying Documents Into Evidence), and 137 (hiflucncing False 
Testimony to a Peace Officer). Detective Molloy 's initial report indicated in September, 1992, Correctional 
Officer Christine Stockton filed a sexual liarassmcnt cliarge against seven male SCC Correctional Officers. His 
report indicated two (2) of the males, identified as a "liispanic" and "African male," were dismissed by Pacheco 
for unidentified reasons. Detective Molloy reported Pachcco's investigation only persisted against the five (5) 
remaining complainants, "which were Wlu'tc males." 

The documentation provided by Uekert to Detective Molloy alleged Pacheco altered the transcripts of one witness. 
The witness, later identified as Correctional Officer Glen Joaquin, stated during his recorded interview widi 
Padieco, "1 didn't hear that one." Detective Molloy wrote, Pacheco scratched out the "lit" on the word "didn't," 
ciianging the syntax of the statement to, "I did hear that one." Additional criminal allegations indicated Pacheco 
falsified information provided by Uekert to her. Lieutenant Pacheco wrote Uekert admitted receiving sexual 
harassment training through CDC. Uekert presented Molloy documentation indicating he apprised Pacheco he had 



43-001-96 

Page 3 



wvtf rccdved CDC in-service Uaink, ^^^&£tt&X2 
indicated witness Officer Glen Joaquin could not love been present during 
himself and Officer Cooper. 

. . r .j m. ",,r In Officer Joaquin's transcript was lined out 

Note: Reporting Agent's investigate confirmed 0,= n in Ofi.cer Joaq ^ 

as alleged, however. Pacheco never utilized the statement ,n any of die ■ ; po 

O^Uve Molloy conduded .us report with. ^.^J^J^^S^ « 

used the forged/altered transcripts and the intenUonal nus; a « f ^ ' fe su ^ ued £ „* Disciplinary 
(hat dr. allegation were founded, lire report and the al cred amen, >tt 0D u , c , rt ^ 

Hearing Board, who found d,e f,vc ma.es gu.ty fl ™«J*%£ C^Wudii Uchcrt, were reinstated 
forged transcripts. All five were terminated from th r jobs. J ^ ^ sUcss ietircmcnt 

wid. loss of pay and rar*. if d.=y agreed not to sue d.e Slate and cut., 
and a large settlement from die Stale....' 

On October 3. 1995. Reporting Agent ^*^^^^mM «to 
Employment Oppoi.uni.y Office (UbO . a Wf^'^X, t cad Pacheco's five (5) reports 
Uefcert. Duncan. Coo,«r. Antonun, and Ucu nam """^wT Ca1ifor.ua and uutially assessed she tad 
maintained by CDC EEO at 1515 "S" Street Room 03-S, S* nnum . I. ^^ j,^^ 

completed a clear and comprckcnsivc *"^*^£ZtoJsM' "'"P 1 ^ '''^ 
interviewed a nurdmuu, of fou,ty-one (41 individuals dun ng I .r mves S shc ffltaM . The 

utilized twenty-duce (23) of die individuals she interviewed to five ~ J^ve transcripts for 
EEO file only contained au,ty-(30) uwcsbgaUve ~ « ,™M ^> ^ .„ ,,„ EE0 fllc , Rcp0;tlng 
lh« fourty-onc (41) interviews completed. Of Ike Italy one ij i j ira > p ^.^—romduigs 

Agent co^d no, locate tape recordings lor ten 00, of ^ffe»^MiKV 



Aimcnla is listed as an additional complainant .gains OlTuxr U 
lh- thirty (30) tapes contained in the Hie. Several of the tape red 
were incomplete or the tape was not clearly audible. 1 

No,: Reporting Agent determined die Cooper i»vc S ugab = . ^*%££$£Z». 
Reporting Agent did not locate cidicr a tape recording or transept 

, -r a ,,,18 1992 Correctional Officer Christine Stockton contacted SCC 

Pacheco's reports indicated on Tuesday, August 18, 199 V C°" cc ''° . c „,„ Ford 5 hc tad been sexual 

Acting Captain. Lieutenant Margene S. Ford Officer St ocUoa. ad» ed A eg ^ wlllle ^j^d ,o 

harassed, discriminated against based upon her sex andpla^d uitt £ «fc - 8 ^ rwJ rf a 

(he SCC Receivhig and Release (R&R) Ultll Upon re« vurg ™**™ ^den. SCC. Lieutenant Ford s 
memorandum dated September 9. 1992 to Ros.e D. Garcia ^'^J, on „ c w , bled by SCC Security 
memorandum requested an institutional uives.iga.ion of 
Investigations Unit. 




ll-'So Co biU briu.r«tiuu • x 



^^JjJJ^Vti 



43-001-96 
Page 4 



On September 25, 1992, Lieutenant Ford prepared a second memorandum to SCC Warden Kingston \V. Prunty. 
Lieutenant. Ford's second memorandum delineated 11 allegations by Stockton against various staff and 
supervisors of the R&R Unit. On October 2, 1992, Warden Prunty. directed a letter to Assistant Director Nora 
Brusuclas, CDC EEO Office. Warden Prunty's memorandum requested EEO conduct an investigation into 
Officer Stockton's allegations against Lieutenants Boswcll, Ivan Clay, Sergeant Uekert and Officers Cooper, 
Antcoini, Duncan and Mario Boned. On November 10, 1992, Ms. Brusuelas assigned CDC Correctional 
Counselor II Tom Paclicco, MCSP, to investigate Stockton's allegations. 

On or about December 14, 1992, Pacheco interviewed Officer Stockton at the Sonora County Courthouse. 
Ultimately, Pacheco prepared five EEO investigative reports and subnutted them for approval through the EEO 
chain of review and SCC Warden. On July 13, 1993, Lieutenant Pacheco's investigations resulted in a Notice of 
Adverse Action being issued against Correctional Officer Curtis Cooper, recommending termination from his 
employment at SCC. On October 19, 1993, Notice of Adverse Action's were served against Officer Danny 
Duncan recommending suspension of 60 days without pay. Officer Alan Antonini, recommending 45 days 
suspension without pay and Lieutenant Ernest Boswell, recommending demotion from Lieutenant to Correctional 
Officer. On October 20, 1993, ths final Notice of Adverse Action was issued against then Sergeant Kim S. 
Uekert, rccoiiuncnding termination from employment at SCC. Excluding Officer Cooper, the Officers involved 
received lesser degrees of adverse action than originally administered. Sergeant Uekert \vas demoted to 
Correctional Officer, Officers Duncan and Antonini received reductions in the length of their suspensions and 
Lieutenant Boswcll was given a suspension without pay and retained his rank of Lieutenant. 

Reporting Agent determined tlv; most cohesive way to express the areas of contradiction discovered in Lieutenant 
Pacheco's reports were to write separate sections on each investigative rcpojl Each section contains the 
discrepancies noted by this writer between witness testimony provided or mitigating and/or exculpatory testimony 
not included in Lieutenant Pacheco's reports. 



— C^TRtjTTtDDOCUMENT 
DUPLICATION OR REISSUANCE 
. CONTROLLED BY LAW 

individuals. Ol those fourteen, 



there is 



:fffi($$f}M0 AjgconcLwjincss rnd a 'T'" >ut 



no 



PACHECO'S REPORT ON OFFICER CURTIS COOPER: 

l:i the Cooper investigation, Pacheco interviewed fouitccn [\A] 

interview tape for Cooper and dicrc is no tape or transcript for on 

no transcript. The transcript of Stockton's second interview on F'buuary 4, 1993 is incon QAc"k and again t h ;re 

was no tape of the intcivicw located. - """"""" ~~~~ — - ~ 

Pacheco's sixteen (16) page investigation commences with tluce (3) main allegations by three different officers, 
Stockton, SCC Correctional Officer Julie Armenia and Correctional Officer D wight McGhec. Pacheco then 
charges Cooper with four (4) additional allegations under a section of her report titled, "Subsequent Allegations 
and Findings." 

• Under Allegation til, Pacheco writes Stockton alleged on July 29, 1992, Cooper used derogatory language 
towards her, to include the phrases, "chill out," asked her if she had, "PMS or something," and called her a, 
"God damm, stupid, fucking cunt, bitch." Stockton claimed the comments were made in front of inmates and 
staff. Stock-ton also alleged she simultaneously informed her immediate supervisor (Uekert) and another 
sergeant of Cooper's inappropriate comments and Uekert failed to take corrective action. Pacheco 
substantiated the allegation. 

1 . Pacheco intentionnlly misquoted witness testimony. 






03/11/36 08:54 SSU SACRAMENTO •» 12095332478 



f iU . J3 < rkWo 



43-001-96 
Page 5 



Pacheco wrote allegation number one to imply Stockton stated the incident between she and Cooper occurred on 
July 29, 1992. Stockton repeatedJy testified the incident occurred on July 30, 1992. By supposition, Reporting 
Agent determined Pacheco discovered Officer Cooper was listed as sick on July 30, 1992 and surreptitiously 
changed Stockton's statement to coincide with physical evidence. 

Pacheco misquoted SCC Sergeant Ray Stanfield, when she stated, Stanficld confirmed Stockton and he discussed, 
"...the allegations against..." Cooper. She further misquoted him when she stated he believed a conversation he 
witnessed between Stockton and Uekcrt related to Cooper's "alleged beliavior." Stanficld testified he liad never 
been involved in a conversation with Stockton where she alleged Cooper made derogatory comments towards her. 
Stanficld testified he -was unaware of the substance of the conversation he witnessed between Stockton and Uekert 
stating, "...I don't even know what it was about...." 



Pacheco failed to adequately investigate testimony or provide exculpntory 
evidence. 



Stockton testified she liad a dentist appointment on the day Cooper made the derogatory comments to her, July 30, 
1992. She furtlicr testified she informed both Sergeants Uckcit and Stanfield of the alleged behavior at the same 
time. SCC attendance records indicate Cooper was listed as sick on Jul y 30. 1992. T hr rrrnrdg atee-indicate 

ot ha ,- c been 



[TftWiB^feM*)^^ 



work i 



kton 
ly on 



city is in question. 
ivas-a55?aied to 



Sergeant Stanficld was on vacation between July 27 tluourfr7nign" 

preset durin C ike incident as Stockton testified. 1 ^rjffKW OR REISSUANCE 

Pacheco interviewed SCC Officer Glen Joaquin who testified 1 c was prcsGulcurnl^uJiy mciaelrVbetween 

and Cooper. Joaquin stated lie heard Cooper "blurt" out the wc r rfn9Uutr-'A Stockton testified she left v 

July 30, 1992 for a dentist appointment. Basal upon Stock orPs testimony,"": JuaTJuTFT: 

SCC attendance records indicate Uekcrt and Cooper aided the rBghiJls-at-LSOO-hov 

aid her shift at 1530 hours and Joaquin commenced his shift atllJO hours. If Stockton departed work early for 

an appointment as she testified, it is improbable Joaquin would have been present during the incident. Pacheco 

never confirmed the time of the incident with any of (lie interviewees. Neither Pacheco's report or the EEO file, 

indicate she attempted to confirm Stockton's statements by obtaining a copy of the appointment record from the 

dentist. 

Stockton identified Joaquin as a witness to the enviroiunent in the R&R but not as a witness to the incident 
between she and Cooper. Pacheco failed to include Joaquin testified he is "personal friends" with Stockton's 
husband. Reporting Agent's review of Joaquin's transcripts revealed he provided information on this allegation 
without questioning from Pacheco. 

3. Pacheco failed to address conflicting testimony. 

In her report, Pacheco never addresses conflicting testimony between Joaquin, Stockton and Cooper.; Officer * 
Joaquin testified he was standing outside of the R&R office by the "cage" when the incident between Stockton and 
Cooper occurred. Joaquin indicated he and Stockton had been working the cage together and she entered the R&R \ 
Office. Shortly after she altered the office, Joaquin claims he heard Cooper "blurt" out the word "cunt." Both 
Stoclcton and Cooper testified the confrontation between them occurred outside of the R&R Office by the "cage." 



C3'll/S6 08:55 



SSU SACRAM^TO ■» 12095332478 



NU . .557 P'dQV 



! 



43-001-96 
Page 6 



Stockton testified she and Cooper never met and discussed the alleged incident after she complained to Sergeant 
Uckert. Both Uckert and Cooper testified Stockton and Cooper met and resolved their disagreement. Pacheco 
appeared to accept -Stockton's testimony a meeting never occurred -and discounted the independent testimony 
provided by both Cooper and Uekcrt. 

Pacheco never addresses the discrepancy in Stockton's testimony regarding her claim she informed Sergeant 
Stanfjeld of Cooper's alleged behavior when she was complaining to Uekert. Again, SCC attendance records 
indicate Stanficld was on vacation when the alleged allegation occurred.' 

Stockton testified she only received five (5) telephone calls at work during her tenure with CDC. Pacheco never 
questioned nny witness about Stockton's claim. However, during Officer /Yntonini's testimony and without 
prompting, he stated Officer Stockton received more personal telephone calLs at work tiian the other officers 
assigned to the R&R Unit. 

Stockton testified Uckert failed to perform his duties as a supervisor after she complained Cooper called her 
derogatory names. Uekert testified lie discussed the situation with Cooper. Uekert stated he did not ask Cooper 
about the derogatory language alleged by Stockton. Uekcrt claimed Stockton only told liim Cooper liad been rude 
to her and Cooper admitted during their discussion he had told Stockton to "dull out." Cooper supported Uekert's 
testimony 

4. Pacheco did not attempt to locate "witnesses. 

During her testimony, Stockton identified Transportation staff and inmates who witnessed the incident between she 
and Cooper. Tl>c iiiformation contained in Pacheco's report or the fc£0 fiU-HC^ gghciIS ^h^S UegM'. ; ' t -"■ • '>~-Z'-~ 
thc witnesses. 



5. 



Pacheco failed to address testimony of misconduc 



DUPLICATION OR REISSUANCE 
CONTROLLED BY LAW 



feV: k. Stockton claimcc DMie had_onJy_ev<T 
c^-Stockt w suicd ~5fcrbccainc 'upset" with 



Originally, Stockton stated her daughter telephoned the SCC R&R 

Stockton of Uic call and her daughter's statement she would call 

received five telephone calls at work and ihey were "all emergenci 

Cooper. After becoming upset, she claims Cooper started using the derogatory' terms. Pacheco never address 

Stockton's admission she instigated the confrontation with Cooper. 

Stockton testified she was going to liave her husband "kick" Cooper's "butt." Sergeant Stanfield confirmed 
Stockton's testimony. 

6. Pacheco includes superfluous testimony. 

Pacheco indicates shortly after Stockton's initial interview, Stockton contacted l>sr and advised she had "forgotten" 
to report an off duty contact with Cooper subsequent to the alleged incident. The contact involved the purchasing, 
of a bicycle and the gist of the contact was supported by Cooper. Reporting Agent was unable to determine the 
significance this information had to the allegation against Cooper. The information neither supports or refutes the 
allegation. 



03/1 1/S6 08:55 SSU SACRAM^TO 4 12095332478 



NO. 33? P003 



43-001-96 
Page 7 



• Allegation #2 was by Officer Armenia. She alleged Cooper used inappropriate and vulgar language towards 
her during an on duty telephone call. Pacheco substantiated the allegation. 

1. Pacheco never attempted to locate witnesses. 

Armenta testified while she was at her assigned work location, she received a telephone call from Cooper who was 
working in another SCC building. During the telephone call, Armenta alleges Cooper used inappropriate and 
vulgar language towards her. Neither Pacheco's report or the EEO file indicates Pacheco attempted to locate any 
witnesses at the work location where Cooper originated the telephone call. 



• Allegation #3 was by Officer McGhee. McGhec alleged shortly after Cooper had been involved in the 
conversation with Armenta, McGhee became involved in a telephone conversation with Cooper. McGhee also 
alleged Cooper used inappropriate and vulgar language towards him and challenged him to a physical 
altercation. Because McGhee was concerned Cooper may attempt to fight him, he requested another officer 
escort him out to his personal veliicle in the SCC parking lot at the conclusion of his sliift. Pacheco 
substantiated the allegation. 

1. Pacheco failed to included exculpatory testimony. " ' '" 

SCC Officer Salvador Gutierrez testified he escorted McGhec out to the SCC parking lot and observed Cooper 
sitting in his veliicle next to McGhcc's veliicle. Pacheco failed to include Gutierrez' testimony which supported 
Cooper's statement, wherein Cooper testified he was unaware he parked next to McGhcc's veliicle and was only 
sitting in the parking lot warming up his vehicle. Pacheco did not include Gutierrez' testimony he did not observe 
Cooper looking at cither of them as they approached, make any type of gesture or threatening comments and he 
appeared only to be 'Svarming up his vehicle.*' 



2. 



Pacheco never attempted to locate witnesses. 



•fH tQ locntf. nnd interview an y witnesses t o 



There is no indication in the report or EEO file, Pacheco attemp 

Cooper's side of the telephone conversation between himself and Mc3hee. CONTROL l\) DOCUMENT 

DUPLICATION OR REISSUANCE 

'Subsequent Allegations and Findings" section: 



Tliis section of Pacheco's report contains four (4) additional allegata > 



CONTROLLED BY LAW 
RELEASED TO 



DATE 



Allegation number' one alleges Cooper tlirew a hamburger at another' staff member from a Tower. Pacheco 
substantiated the allegation. 

1. Pacheco never identified an allegation of discrimination or sexual harassment 

An allegation of hamburger tlirowing would involve inappropriate behavior and not Discrimination or sexual 
harassment. The officer who claims Cooper threw the hamburger at liim testified he was not offended. 



11/96 C8: 55 SSU SACRttlFJHTO -> 120S533247Q 

) 



nu.o^r rtJtJj 



43-001-96 
Page 8 



Allegation number two alleged Cooper was observed liaving a "tantrum" in a tower. Pacheco substantiated the 
al legation. 

1. Pacheco misquoted testimony. 

Pacheco stated the primary witness to tJiis allegation testified he observed Cooper's actions through the Tower #3 
binoculars. The witness, Steve Liddell, testified he watched Cooper's actions through the Tower #4 binoculars. 
Pacheco also misquoted the witness, when she stated Liddell did not report Cooper's actions to a supervisor. 
Liddeli clearly testified lie reported Cooper's actions to the on duty "Outside Patrol" sergeant. 

Allegation number tliree involved Pacheco having "informal staff discussions" during her investigation and a 
purported revelation Cooper made a racial comment to an "African American" correctional officer of "...your half 
stepping is getting old...." She also stated Cooper was counseled and ordered to apologize to the officer. 

1. Pacheco alleged a spurious charge against Cooper. 

Reporting agent was unable to identify any racial comment. Cooper admitted he requested an officer to stop 
relieving him late and told him the "half stepping" was getting old. If Pacheco is identifying the phrase "half 
stepping" as a racial comment, Reporting Agent is aware the term "half step" is military phraseology for 
indicating movement by lialf the normal price. Reporting Agent has overheard CDC Academy Training staff use 
tliis term to recruits. 

2. Pacheco failed to interview witnesses or identify complainants. 

Pacheco never provided witnesses or complainants for tlu's allegation. She never identified the supervisor whom 
she claims counseled Cooj>er and ordered him to apologize. 

Under Allegation number four, Pacheco alleges Cooper made a sexually harassing comment to a female 
correctional officer. The comment, "well somebody must be getting it," was made to a witness who testified 
Cooper was "...referring to me sleeping with somebody, obviously, tlw u lu d -e n ou gh p o w e r - t o put nif on . vr . nnrl . . 
watch...." Pacheco substantiated the allegation. CONTROLLED DOCUMENT ' 

DUPLICATION OR REISSUANCE 
CONTROLLED BY LAW 

ifi E(£A£>E D \IQ- e discussing his forthcoming 

gy.vitness informed Coo§#[[$hc would be 

se- the - wi t 



1. 



Pacheco failed to include mitigating testimony. 



Pacheco failed to acknowledge the witness/complainant admitted she < 

vacation and he inquired who would be covering his assignment. Tji 

replacing him. The witness then claims Cooper made die alleged sti 

placed a doublc-entcndre on Cooper's statement does not provide sufficient evidence to substantiate an allegation 

of sexual harassment. 

In her "Conclusions" section, Pacheco uses conjecture to lambaste Cooper. Pacheco accuses Cooper of lying ^ 
during Ids testimony regarding who he was telephoning when he became involved in his conversation with 
Arraenta. Pacheco writes Cooper "...became visibly upset and almost immediately requested a brcak...upon his 
return from break... Cooper.. .denied many of the further allegations, giving almost flippant answers...." Pacheco 
appeared to become distressed during the interview with Cooper because he declined to admit to the allegations of 
wrongdoing she accused liim of committing. 



03/11/96 G3:55 SSU SACRAf^NTO * 12035332478 



fu.jjc Kuiei 



43-001-96 
Page 9 



PACHECO'S REPORT ON SERGEANT KIM UEKERT: 

In the Uekert investigation, Pachcco quoted ten (10) individuals. Of those ten, Uekert's first interview transcript 
on January 29, 1993 is incomplete and there is no tape for his second interview on February 8, 1993. The 
transcript of Stockton's second interview on February 4, 1993 is incomplete and there was no tape of the interview 
located. There were no tapes for two witnesses interviewed and a third witnesses transcript had missing testimony 
and no tape. 

Pacheco's tliirteen (13) page investigation contains six (6) primary allegations by Officer Stockton against Uekcrt. 
Pachcco also charges Uekert with one (1) additional allegation under a section of her report titled, "Subsequent 
Allegations and Findings." 

• Under Allegation #1, Pachcco writes Stockton alleged on July 29, 1992, Cooper used derogatory language 
towards her, to include the phrases, "chill out," asked her if she had, "PMS or something," and called her a, 
"God damm, stupid, fucking cunt, bitch." Stockton claimed the conuncnts were made in front of inmates and 
staff. Stockton also alleged she simultaneously informed her inuncdiate supervisor (Uckcrt) and another 
sergeant of Cooper's inappropriate comments and Uekcrt failed to take corrective action. Pacheco sustained 
the allegation. 

1. Facheco intentionally misquoted witness testimony. 

Pachcco wrote allegation number one to imply Stockton stated the incident between she and Cooper occurred on 
July 29, 1992. Stockton repeatedly testified tltc incident occurrcd-on July 30, 1992. By supposition, Reporting 



Agent determined Pachcco discovered Officer Cooper was listccj-ftr-si 
changed Stockton's statement to coincide with physical evidence. 

2. -Pachcco misquotes witness testimony. 



uly-30^ 

FOILED DOCUMENT 

DUPLICATION OR REISSUANCE 
CONTROLLED BY LAW 

BEiEASidOcKlfimied Stockton and he d 



Pacheco misquoted SCC Sergeant Ray Stanficld, when she stated KtLJli\bldJclitLf irnied Stockton and he discu ssed, 
"...the allegations against..." Cooper. She further misquoted hin} [M en she stated he b elifflffif a convcrsauoli he 
witnessed between Stockton and Uekert related to Cooper's 'SH^WtH-i h I muJ i m ■ >' ■ X iwMfLtr.ci iRrA \\p. had ne ver 
been involved in a conversation with Stockton where she alleged Cooper made derogatory conunents towards her. 
Stanficld testified he was unaware of the substance of the conversation he witnessed between Stockton and Uekert 
stating, "...I don't evew know what it was about...." 

Under this allegation, Pacheco appeared to copy Officer Glen Joaquin's statement verbatim as she wrote it in the 
Cooper investigation. In her investigations, Pachcco refers to the accused officer(s) as the "Respondent." The 
quote attributed to Joaquin in this allegation indicates he alleges hearing Uekert, "blurt" out the word "cunt" as 
opposed to his testimony he hearing Cooper use the term. 



Pacheco failed to adequately investigate testimony or provide exculpatory 
evidence. 



03^11/56 e8:55 SSU SACRP'^NTO * 12935332478 NO. 39? PQH 

43-001-96 

Page 10 



Stockton testified she had a dentist appointment on the day Cooper made the derogatory comments to her, July 30, 
1 992. Slit further testified she informed both Sergeants Uekert and Stanfield of the alleged behavior at the same 
time. SCC attendance records indicate Cooper was listed as sick on Juiy 30, 1992. The records also indicate 
Sergeant Stnnficld was on vacation between July 27 through August 7, 1992. Stanfield could not have been 
present during the incident as Stockton testified. 

Pacheco interviewed SCC Officer Glen Joaquin who testified he was present during the incident between Stockton 
and Cooper. Joaquin stated he heard Cooper "blurt" out the word "cunt." Stockton testified she left work early on 
July 30, 1992 for a dentist appointment. Based upon Stockton's testimony, Joaquin's veracity is in question. 
SCC attendance records indicate Uekert and Cooper ended their shifts at 1500 hours. Stockton was assigned to 
end her slu'ft nt 1530 hours and Joaquin commenced lu's sliift at 1430 hours. If Stockton departed work early for 
an appointment as she testified, it is improbable Joaquin would have been present during the incident. Pacheco 
never confirmed the time of the incident with any of the interviewees. Neither Pacheco's report or the EEO file, 
indicate she attempted to confirm Stockton's statements by obtaining a copy of the appointment record from the 
dentist. 

Stockton identified Joaquin as a witness to the environment in the R&R but not as a witness to the incident 
between she and Cooper. Pacheco failed to include Joaquin testified he is "personal friends" with Stockton's 
husband. Reporting Agent's review of Joaquin's transcripts revealed he provided information on Ou's allegation 
without questioning from Pacheco. 

4. Pacheco failed to address conflicting testimony. 

in her report, Pacheco never addresses' conflicting testimony between Joaquin, Stockton and Cooper. Officer 
Joaquin testified he was standing outside of the R&R office by the "cage" when the incident between Stockton and 
Cooper occurred. Joaquin indicated he and Stockton had been working the cage together and she entered the R&R 
Office. Shortly after she entered the office, Joaquin claims he heard Cooper "bluit" out the word "cunt." Both 
Stockton and Cooper testified the confrontation between than occurred outside of the R&R Office by the "cage." 



incid-.H^L :;-;M. 
md 







Stockton testified she and Cooper never met and discussed the allegec 
Uekert. Both Uekert and Cooper testified Stockton and Cooper met 
appeared to accept Stockton's testimony a meeting never occurred uid 
provided by both Cooper and Uekert. 

RELEASED TO 

Pacheco never addresses the discrepancy in Stockton's testimony regarding her claim she mlarmed Sergeant 
Stanfield of Cooper's alleged behavior when she was complaining tcLl Mttt Again, Sf^'^Tmrnnan.aij.ccajjds. 
indicate Stanfield was on vacation when the alleged allegation occurred. 

Stockton testified she only received five (5) telephone calls at work during her tenure with CDC. Pacheco never 
questioned any witness about Stockton's claim. However, during Officer Antonini's testimony and -without 
prompting, he stated Officer Stockton received more personal telephone calls at work than the other officers 
assigned to the R&R UniL 

Stockton testified Uekert failed to perform his duties as a supervisor after she complained Cooper called her 
derogatory names. Uekert testified he discussed the situation with Cooper. Uekert stated he did not ask Cooper 
about the derogatory language alleged by Stockton. Uekert claimed Stockton only told him Cooper had been rude 



03/11/96 88:55 SSU SACRAMeKTO -» 12095332478 -^ iw.oar roid 

43-001-96 
Page 11 



to her and Cooper admitted during their discussion he had told Stockton to "chill out." Cooper supported Uckert's 
testimony 

5. Pacheco did not attempt to locate witnesses. 

During her testimony, Stockton identified Transportation staff and inmates who witnessed the incident between she 
and Cooper. The information contained in Pachcco's report or the EEO file never indicate she attempted to locate 
the witnesses. 

6. Pacheco failed to address testimony of misconduct. 

Originally, Stockton staled her daughter telephoned the SCC R&R and Cooper received the call. Cooper advised 
Stockton of the call and her daughter's statement she would call back. Stockton claimed she had only received five 
telephone calls at work and they were "all emergencies." Stockton stated she became "upset" with Cooper. After 
becoming upset, she claims Cooper started using the derogatory terms. Pacheco never address Stockton's 
admission she instigated the confrontation with Cooper. 

Stockton testified she was going to liave her husband "kick" Cooper's '""butt." Sergeant Stanfield confirmed 
Stockton's testimony. 

7. Pacheco includes superfluous testimony, 

Pacheco indicates shortly after Stockton's initial interview, Stockton contacted her and advised she had "forgotten" 
to report an off duty contact with Cooper subsequent to the alleged incident. The contact involved the purchasing 
of a bicycle and the gist of the contact was supported by Cooper. Reporting Agent was unable to determine the 
significance this information had to the allegation against Uekcit. The information neither supports or refutes the 
allegation. 



tier...." Pacheco sustained the allegation. 

1. Pacheco alleged a spurious charge against Uekert. 



" tnlri heir he wrmlrl block any job 



• In Allegation #2, Pacheco claims Stockton- alleged Uckertj- 

change... she... might attempt to get and threatened... her wilh...h< w wr^Q N? R Sfefe C t B ?X)(?riM£ ) N I P" 1 S 



DUPLICATION OR REISSUANCE 
CONTROLLED BY LAW 

RELEASED TO , 

This allegation is confusing and contradictory. Pacheco first write ;[Stockton alleged Uekertileld iiocxiou he 
would block her from a job changing out of the R.&R Unit, she then -ali pj^l Tipton flgzsnEffld^aQCii lsa with a jo b} 
change. ? 

2. Pacheco placed her beliefs into witness testimony. 

Officer Joaquin testified he heard Uckcrt state to Stockton, "...something to the effect of I'm* not giving you a job 
change but if I did, I'd make sure you were out here on one of these yards, pounding the tiers' (in reference to the 
Calaveras or Mariposa yard)...." Repotting Agent never located in Joaquin's transcripts the emphasis to the 
"Calaveras or Mariposa" yards as Pacheco included. 



03/11/96 08:56 



SSU SACRAf«=WT0 * 12095332478 



■~) 



NO. 397 P813 



43-001-96 



Page 12 



3. 



Pacheco failed to include mitigating testimony. 



Pacheco indicated fart of Uekcrt's mitigating testimony included his contention Stockton was having personal 
problems at home. Pacheco failed to included testimony from Officers AJlcn Antonini and Danny Duncan which 
supported Uekcrt's claim Stockton was experiencing personal problems. 

Pacheco failed to include testimony from several witnesses, Stockton repeatedly changed her mind about wanting a 
job change from R&R. 



4. 



Pacheco failed to adequately investigate testimony. 



Officer Coke testified he informed Uekert and Lieutenant Ernest Boswell of Stockton's desire for a transfer from 
the'R&R Unit. Pacheco never questioned Uekert or Boswell regarding Coke's claim. Neither Uekert or Boswell, 
ever testified they discussed Stockton's desire for a transfer with Officer Coke. 



5. 



Tachcco includes superfluous testimony. 



VYitlun Coke's testimony, Pacheco placed a paragraph about supervisors who testified they would have welcomed 
Stockton into their work locations. Reporting Agent was unable to determine the significance this information had 
to the allegation against Uekert. The information neither supports or refutes the allegation. 



6. Pacheco failed to identify witnesses interviewed which provided exculpatory 

and/or mitigating testimony. 






Pacheco interviewed Officer Gregory Vines. Pacheco never identified Vines in her report or included his 
testimony. Vines testified he believed Uckcit would do anything to help an officer with a job change stating, 
Uekert, "...was the most staff supportive sergeant.. .there was at SCC..." 

Pacheco interviewed Lieutenant Ivan Clay who countered Stockton's testimony she went to him for a job change 
on two occasions. Clay's testimony also refuted- Stockton's testimony she was crying during one of their 
conversations. Pacheco never included Clay's testimony in her report or indicated he liad been interviewed. 






Note: Stockton originally alleged misconduct against LiJutaiaAiOfflKflyLtEe HDOuilAuJa hot corjtain 
documentation explaining the reason Stockton's allegations aga^ipff^Jj^O^RilS^U^II or 



adjudicated. 



CONTROLLED CY LAW 

«R£LB&fcBrIO £h-1tnn testified Stockton 
cgtyn stated he contacted pfflfc Captain Wil 



had 
liam 



Pacheco interviewed SCC Program Administrator (PA) Rol 

approached him and inquired about a job change to liis unit. SI 

Hcisc and asked if there were any anticipated transfers from R&I^rVvee^fdmg-to-Shdlun, Captain JIui>e LidiiJated 

there were no "anticipated moves at tin's time" for R&R personal. Pacheco never utilized Shelton testimony or 

indicated he had been interviewed. ; 

Pacheco interviewed Sergeant Gary Summerset. Summerset testified he had been the supervisor in charge of the 
R&R Unit when Stockton was first assigned to the area. Sununerset admitted he was originally opposed to a 
female being assigned to R&R because of the unclothed body searches. ' After he was transferred from the R&R, 
Summerset stated he was contacted by Stockton and she requested to transfer to liis new location. Summerset 



03/11/96 03:58 SSU SfiCRfiT^WTO •> 12095332478 NO. 397 P014 

i 

43-001-96 
Page 13 



indicated he advised PA Shelton of Stockton's request and Sheiton indicated Captain Heisc declined to transfer 
anyone out of the R&R Unit. Summerset also testified during Ids conversations with Stockton, she only 
complained about the constant rotation of supervisors in the R&R Unitand the disruption in the smooth operation 
the changes caused. Stockton never complained to him about Uckcrt or any particular individual. Pacheco never 
identified Summerset as a witness. 

Officer Gary Cavalicri testified Stockton had complained to him about the R&R section being "screwed up." 
Cavalieri interpreted Stockton's comments to be in regards to the operational difficulties and her desire for the 
R&R to run more smoothly. Pacheco faled to include this portion of Cavalicri's testimony. 

Officers Richard Curtise and Felipe Nolasco both testified they had worked the R&R Unit with Stockton and 
neither of them ever witnessed any negative comments regarding women working R&R. Officer Curtise stated 
Stockton did complain she felt to much of the work was placed upon her and she disliked the constant cliangc in 
supervisors. Pacheco did not include either Curtise's or Felipe's mitigating testimony in her report or indicate she 
interviewed them. 



• Under Allegation 113, Pacheco claims Stockton alleged negative conunents concerning women working in 
R&R were frequent and ongoing and Uckert failed to correct the behavior. Stockton further alleged Uekert 
was responsible for some of the negative continents and he prevented her from working early transportation 
buses because she was unable to perform inmate unclothed body searches. Pacheco sustained the allegation. 

1. Pacheco failed to identify a nexus bet-ween witness testimony and the 

allegation against Uckcrt. 

Pacheco quoted Officer Joaquin with testifying he over heard an officer questioning the rational for having 
Stockton assigned to R&R, because of the inmate "strip-outs." He also testified he heard another officer ask if 
Stockton's assignment to the R&R was on a "trial basis." Joaquin never testified he informed Uckcrt of the 
comments nor did Pacheco present a nexus indicating Uekert was aware of the comments. 

Officer Coke testified he overheard Officers Antonini and Duncan making the statement, "...it would be nice to 
have a partner that could do the work, yes, it would be nice to liavc somebody out here who could help us...." 
Coke stated the comment was made in front of inmate clerksf b u l hu.Uul4iOLbelicv e- & tO€k4^v-wa&-aLSi'are of the 



statement because she was in the R&R Office. Reporting Agent coul 
to Antonini and Duncan affect the allegation against Uekert 



yieye-trtO€Kton was aivaie ot tne 
iuttifiOfitlMfcl^cnts ajredited 



of the 
Coke's 



comments and Pacheco never presents evidence indicating Uc<ert was krtm,MrpdcmbJp)ofyt}japyitcnicnt 
statement neither refutes or supports the allegation against UcVert, 

If LEASED TO 

, tB)fe Agent could not plac gfflpcxus on the statement 
to uYe allegation. By conjecture, Antonini and Duncan coulcrttav c been cuiit mcntingH&R-^-inurGcrde-lsfiissues to 
include insufficient personnel being assigned to the R&R or the constant change of supervision. ? 

2. Pacheco failed to included exculpatory testimony. 

Pacheco failed to included Officer Vines testimony. Vines' testified after Uekert was assigned to the R&R Unit, 
he and Stockton routinely worked early transportation buses with one another. Vines' also stated the only 



43-001-96 



Page 14 



disagreements he encountered In the R^R was if a male officer was required to work back-to-back early buses. 
Vines' indicated he never observed or heard any negative comments about women working the R&R. 

3. Pachcco misconstrues testimony. 

Pacheco claimed Uckcrt "...once again.. .gave conflicting testimony in tliis area...." Uckcrt testified Stockton was 
allowed to work early buses and he was unaware of any negative comments regarding tliat practice. Pacheco 
asked Uckcrt questions regarding the amount of time it took to conduct strip-outs on early buses. Reporting 
Agent's review of Uekcrt's interview revealed Pachcco was not satisfied with Uekert's testimony regarding the 
time utilized by R&.R staff to conduct unclothed body searches for early buses. Pacheco maligned Uekert's 
testimony and failed to indicate testimony supporting his assessment of the time used. Pacheco misconstrued 
several witnesses* testimony regarding the time used for strip-outs on early buses. Although, all witnesses agreed 
the majority of the functions performed in the R&R tad nothing to do with "strip-outs," most, (except Stockton) 
testified the majority of the work on the "day" of the early bus was inmate unclothed body searches.- 



• Under Allegation f74, Pacheco indicates Stockton alleged Uekert showed her and another officer two (2) 
Polaroid phocograplis of a nude women on a bed. Pachcco sustained the allegation. 

1. Pacheco failed to address conflicting testimony. 

Stock-ton testified Uekcit showed her two photographs of a nude female on a bed. Both Officer Duncan and 
Uckcrt testified there was only one photograph. Pachcco never addressed the discrepancy between the number of 
photograplis claimed by Stockton and Uekert's and Duncan's testimony. 



In Allegation //5, Stockton alleges, while on duty, Uckcrt "would talk a lot about his personal life," made 
conuncnts about giving women rub downs with. baby oil, told her if she loved her husband she would treat him 
to baby oil nib downs and asked her about her sex life. Pacheco sustaine d the allegation 

tOMTROUlDDOCOMENT 



Pacheco failed to include mitigating testimony. 



DUPLICATION OR REISSUANCE 
CONTROLLED BY LAW 

vising baby oil on women and si n : 
ommenL 10 hav^LjcJcert J 'shut up.' 

«*4-U5mC^2allZJilLjDlLiii^AV¥i«-Brtd 



discusssd-usi 



Stockton testified during her first interview, Uekert "out of the blue' 

responded with, "...I've never heard of such a tiling..." claiming she 

Pacheco only quoted Uckcrt under this allegation. Uekert testified he 

not women as alleged by Stockton. During Stockton's second interview, she conceded Uekert only discussed 

using baby oil on his wife and her account of the conversation closely coincided with Uekcrt's testimony. 

Pacheco never included Stockton's revised testimony. ' 

While discussing this allegation with Pacheco, Uckcrt indicated he was attempting to help Stockton with her 
personal marital problems. Pacheco did not include testimony by Officers Antonini or Duncan which supported 
Uekert's contention Stockton complained about her personal problems at work. 



03/11/96 OS: 56 SSU SflCRAMENlU ■» 12035332478 

O ^ 

43-001-96 
Page 15 



2. Pacheco failed to provide evidence to support the allegation. 



Within this allegation, Pacheco sustained Stockton's allegation Uekert made " comments about treating women 
nice" and "asked her about her sex life." Uekert and Stockton testified there was only one conversation about 
using baby oil and Pacheco never presented testimony or evidence in her report indicating Uekert ever discussed 
Stockton's "sex life." 



• Under Allegation H6, Pacheco indicates Stockton alleged Uekert discussed his personal marital problems at 
work. Stockton also alleged Uekert was infatuated with SCC Correctional Officer Nannette Wing. Pacheco 
sustained die allegation. 

1. Pacheco never identified an allegation of misconduct. " ~. 

While reviewing this allegation, Reporting Agent was unable to ascertain what section of the CDC Department 
Operations Manual, Government Code or Civil Rights violations were being charged by Pacheco against Uekert. 
Pacheco failed to indicate any nexus in her report wliich supports a contention the discussion of personal marital 
problems adversely affects employee efficiency. There is no testimony indicating any employee requested Uekert 
cease his personal conversations. Officer Wing confirmed Stockton's allegation Uekert was infatuated with her. 
Wing testified she was never offended by Uckcit's actions and he ceased his advances from. the moment she 
informed him a rclationsliip would not materialize. 

"Subsequent Allegations and Findings" section: 

71iis section of Paclicco's rcj>ort contains one additional allegation against Uekert. The allegation consisted of 
Uekert using the phrase "I guess it's us against her" while involved in a conversation with Officers Duncan and 
Joaquin. Pacheco sustained the allegation. 

1. Pacheco failed to include mitigating testimony. | r)UPL\CATlOH OR REISSUANCE 

reporting Agent used the hypotheses Pacheco was alleging Uekert c relied a hosrJol'Ud^r^lg^^ivlroiuneiit by 
uttering the plirase "I guess it's us against her." Pacheco states the s toteWp|AY^marlc ^ cr S tockton departe 
SCC on stress. Pacheco failed to indicate in her report, Joaquin testified tiip^karsslon occurred "ironVj^'O to five 
days after Stockton had left," and prior to cither Uekert, Duncan or JoaqliUirsJ mnwk^fte^ zluLLiriii- 
stress or pi aimed to file allegations of misconduct. Additionally, Pacheco tailed to include Joaquin's statement 
Uekert asked of him, "...if you get in contact with her or anytliing, can you let us know what's going on...." The 
statement attributed to Uekert does not provide sufficient evidence to sustain an allegation of promoting a hostile 
work environment. Furthermore, Uekert testified he was aware Joaquin was personal friends of Stockton's 
husband (Rex) and Joaquin socialized with both Stockton and Rex. - a 

Under the "Conclusion* section of her report, Pacheco writes, "...Although the respondent (Uekert) admitted that 
he Ivad attended sexual liarassment training...." 



e3'll/'96 I b:>u SrtCKPMtHlU * 1^U353324?8 .... iiu.oar rule 

) 

43-001-96 
Page 16 



1. Pachcco placed a false statement into her report. - - 

.eco's comment- is not supported by Uekert's testimony. Uekcrt.never testified in any of the available records 
he liad attended sexual liarassment training. SCC training records disprove Pachcco's statement and support 
Uekert's claim to Detective Motloy he informed Pachcco he had not attended sexual harassment training. 

PACH EGO'S REPORT ON LIEUTENANT ERNEST BOSWELL: 

In the Boswell investigation, Pachcco interviewed nine (9) individuals. Of those nine, Boswell's transcript is 
incomplete and no tape recording was located. The transcript for Stockton's second interview is also incomplete 
and no tape was found in the file. Sergeant Uekert's transcript for January 29, 1993 is incomplete and there is no 
tape for liis February 8, 1993 interview. There is no tape for witnesses Danny Duncan and a final witness, 
Sergeant Louis Dolinsck, was interviewed two times. Dolinsek's second interview was telephonic and the 
recording was not audibly clear or transcribed. 

Pachcco's tlu'rtccn (13) page report contains two (2) allegations of misconduct against Lieutenant Boswell. In 
reviewing this investigation. Reporting Agent assessed that Pachcco included a quantity of superfluous testimonial 
diatribe which maligns Boswell's bcliavior and demeanor. Tlus assessment was based upon the voluminous 
testimonies and opinions interjected by Pachcco, wliich neither supported or refuted the allegations. Several of the 
witness statements concern allegations against other accused officers and do not pcitain to the allegations against 
Boswell. 

Within the "Background*' section of her report, Pachcco erred in Boswell's tenure with CDC. 

1. Pachcco provides erroneous information. 

Pachcco indicated Boswell commenced his employment with CDC in 1976. Boswell actually commenced his 
tenure on May 13, 1974. 

Within each of Pachcco's five (5) reports, she provides a witness list and assigns a numeric denomination to each 
v.-itness. Pachcco then refers to the numeric denomination when she quotes the witness. Officer Danny Duncan is 
Witness ill in the Boswell report and Pacheco referred to him as both Witness #2 and Witness #5. PachecjLga^e 
Lieutenant Richard Tatum the numeric denomination of Witness. #5. rr ^ r ^MTfTfTUM"HT 

Rf 

On two (2) occasions Pachcco erred and indicated Officer Duncan Was Witnels^ffuS opposed to Witness #2. 



1. Pachcco incorrectly numbers witness testimony. \ rMiniir/^UOM OR Rlu->«.'. 






DUPUCWtOH 



p2chsco committed Uiis error on pages four (4) and nine (9). IjY^rcK^rfT&^liLiis^^ 
statements actually made by Duncan. Duncan was Witness «5 in Paclu _____ 

determined Pacheco apparently transferred Duncan's statements fjo^mQ-V^ST^Sv^s^iye^epoTt into her 
Boswell report. With the way the statements arc recorded, they imply Tatum is claiming Boswell committed acts, 
of misconduct. 






43-001-96 
Page 17 



• Under Allegation ill, Pacheco writes Stockton alleged she approached Boswell on at least five. (5) occasions 
and requested he transfer her from the R&R Unit. Pacheco substantiated the allegation "in part." Pacheco 
failed to identify -what "part" of the allegation she sustained. . 

1. Pacheco failed to adequately investigate testimony. 

Officer Coke testified he informed Uekert and Lieutenant Ernest Boswell of Stockton's desire for a transfer from 
the R&R Unit. Pacheco never questioned Uekert or Boswell regarding Coke's claim. Neither Uekert or Boswell 
ever testified they discussed Stockton's desire for a transfer with Officer Coke. 

2. Pacheco includes superfluous testimony. 

As in the Uekert report, Pacheco placed a paragraph just under Officer Coke's testimony about supervisors who 
testified they would have welcomed Stockton into their work locations. Reporting Agent was unable to determine 
the signifirance this information had to the allegation against Boswell. The information neither supports or refutes 
the allegation. 

Pacheco quoted Sergeant Uekert with stating he was aware Stockton was "upset" over personal matters at home 
and on one occasion he found her crying in the R&R. Reporting Agent was unable to determine what significance 
this testimony had on the allegation Boswell failed to job change Stockton. The information neither supports or 
refutes the allegation. 

3. Pacheco misquotes witness testimony. 

Pacheco claims Sergeant Betty Hcrron testified she heard Stockton request Boswell for a job change from R&R. 
Hcrron testified she heard Boswell tell Stockton he would give her a job change and heard Stockton reply, "...no, 
that's all right, I don't want a job change...." Hcrron 's transcripts indicate she testified sl>c "assumc(d)" Stockton 
had requested a job change prior to the portion of the conversation she overheard between Boswell and Stockton. 

Pacheco also claimed Hcrron, "...got the impression that there had been previous request for job cliangcs..." made 
by Stockton to Boswell, "...on account of what was going on down there in R&R...." Reporting Agent's review of 
Herron's interview tape recording indicated the comment, "...on account of what was going on down there in 
R&R..." was made after Hcrron received information Stockton had filed her complaints of misconduct against the 
officers in R&R. 



call w^yishcVhraheara^a ^(vc/r^ivon betjween 

er in 



Pacheco misquoted Hcrron when she stated Hcrron could not ri „ 

Boswell and Stockton. Initially, Herron testified she could not recall \{)ypy}GA5eQrllQll RohSdritlliottbut la 

the interview she narrowed the time frame of the occuirence to eil her July or^gJ^QLl^BYnlM/ report, Pat heco 

credits Herron's testimony of the July or August, 1992 time r 

review indicates Herron was responding to Pacheco's question al 

she provided the time frame. 



JCQNBQJJ^QW 



eriod to a hugging incident. Reporting Ajents 



K L SrockVolr5 a»d-Boswe4H 




IPs-eenvcrsatron 



vhen 



4. Pacheco mixes Boswcll's testimony into Uckcrt's statement. 

Within the Uekert statement, Pacheco included a question she asked Boswell and Boswell's response. The 
question asked by Pacheco of, <c Whcn asked whether or not Sergeant Uekert had asked the respondent (Boswell) 



03-11/96 08:57 SSU SAC £NT0 -> 12095332478 



NO. 397 PQ19 



43-001-96 

Page 18 






not to give CP (Stockton) an assignment change, respondent (Boswell) stated that he couldn't recall," was never 
located by Reporting Agent in the Uekcrt transcripts. However, the placement of the question in the report, I 
initially leads the reader to believe Pacheco asked Uekcrt the question. Pacheco then added her opinion of the 
"...response was related in such a way as to not be convincing. ..."'Because die EEO file did not contain a tapei 
recording of Boswell's interview and the transcript was not entirely legible or complete, Reporting Agent could notj 
confirm or refute Pachcco's claim Boswell provided a non "convincing" response. 

5. Pacheco made a false statement. 

Pacheco wrote the following statement with regards to Boswell, "...it should hi noted tliat during the investigativel 
interview conducted with the respondent (Boswell), he attempted to give the impression that he in fact initiated aj 
job cliange for CP (Stockton). However, wliat in fact actually occurred was tliat he had not initiated any job 
cliangc for CP (Stockton) until he had been confronted by the Acting Captain...." Based upon Acting Captain 
Margcne Ford's memorandum dated September 9, 1992, the job changed referenced by Pacheco would havCi 
occurred in the latter part of August, 19.92. Pacheco received testimony indicating Boswell attempted to initiate a; 
job cliangc for Stockton as early as April or May, 1992. 

6. Pacheco failed to include mitigating testimony. 

Pacheco failed to indicate essentially every witness, including Stockton, testified Stockton repeatedly reversed her 
request for a job cliangc. Pacheco included testimony from supervisors who indicated an interest in liaving; 
Stockton assigned to their area. However, Pacheco failed to include the supervisors all testified Stockton cliangcdj 
her mind and no longer wanted to transfer from the R&R Unit. Pacheco failed to report Lieutenant Richard: 
Tatum's testimony Boswell attempted to secure a job change for Stockton to his area in April or May, 1992. 

7. Pacheco failed to clarify testimony. 

Sergeant Hcrron testified Stockton told her the male officers in the R&R complained about her Liability to perform 
unclothed body searches. Hcrron's transcripts did not indicate if Hcrron interpreted "Stockton's comment as i 
complaint against CDC policy prohibiting females from unclothed body searches of males except for cmergcncie 
or as a complaint of sexual liarassmcnt.- Pacheco did not pursue this avenue of questioning. 



Under Allegation ill, Pacheco wrote Stockton alleged she iilformeflj 
experiencing in R&R and Boswell failed to give Stockton a job change,.! 



SSSSHf* 



he w 



Pacheco alleged a spurious charge against Boswell! Oflf^tO TO 



DATE 



Reporting Agent was unable to ascertain a demonstrable Aiffercncc W&wearid &SS&Gf&tl and Allegation #2 
Both allegations essentially concern Stockton's claim Boswell failed to provide her with a transfer from the R&T 
Unit. 



03/11/96 09:10 SSU SAC " jENTO ■> 12095332478 NO. 399 PB02 

43-001-96 

Page 19 



2. Pacheco failed to identify a neius bchvecn witness testimony and the 
allegation against Boswell. 

Pacheco wrote her report to imply Boswell should have known about Stockton's complaints because he sliared an 
office with Sergeant Herron who testified she was a^-arc of some of Stockton's concerns. Though Herron was 
aware of Stockton's complaints, she never testified she informed Boswell of those comments and Pacheco did not 
provide a nexus indicating Boswell was made aware of Stockton's concerns. 

3. Pacheco failed to address testimony of misconduct. 

Sergeant Herron testified Stockton told her about staff in the R&R making comments which implied Stockton was 
unable to perform the full range of duties in the R&R because of the unclothed body searches. Herron also stated 
Stockton complained about another officer who persistently flagellated. Stockton testified she informed a Sergeant 
Debbie Jolinson of "some of the dirty laundry" occurring in the R&R to include, "...die farting that Antonini had 
been doing. ..the pressure...Stockton...was feeling from the male staff members and not being backed up.. . that - 
Officer Cooper was... ignoring Vocation and coming and sitting in R&R and not helping doing anything...." 
Stockton also requested Johnson for a job change from the R&R. Joluison told Stockton there was nothing she 
could do to help facilitate a transfer from the R&R Unit. Stockton made substantially the same allegations 
against Lieutenant Boswell and Sergeant Uckcrt, however, Pacheco failed to reconunend action be taken against 
cither Sergeant Herron or Joluison. 

4. Pacheco failed to interview potential witnesses. 

Stockton testified while Sergeant Debbie Joluison was supervising the R&R Unit, she expressed many of her 
allegations and complaints to Joluison. Records in the EEO file do not indicate Pacheco interviewed Jolinson. 

Detective Molloy stated to Reporting Agent, Boswell claimed he provided Pacheco with the names of potential 
witnesses which would provide mitigating testimony on lus behalf. Because of the incomplete transcripts, 
Reporting Agent was unable to confirm Boswell's claim. 



Under a section of her report titled "Supplemental Information," PaQQNJfiflit&O fiQjGyMffff^scoirduct 
against Boswell, however she dose not term the accusation as an i sllegatjjjjpu CATf ON OR REISSUANCE 



I. Pacheco includes superfluous information. 



CONTROLLED BY LAW 
RELEASED TO 



Pacheco raises an issue involving an off duty contact between Stc^bn and Boswell which Marred after Stockton 
had departed SCC on stress. Pacheco's report re-counts the of ? duty~bontnot nr ^-some-ofUhe-d s c i ep a acics she 
found between the memorandums submitted by both Boswell and Stockton of the encounter. Pacheco criticizes 
Boswell for not mentioning in his memorandum Stockton was crying during a portion of their encounter. 
Reporting Agent could not determine the reason Pacheco documented this encounter. ; 

In the "Conclusions" section of her report, Pacheco again makes accusations of misconduct against Boswell but 
dose not charge him with specific allegations. 



03'll/96 03:11 SSU SflC JEMTO -» 12035332478 



NO. 393 PBQ2 



43-001-96 

Page 20 



1. Pacheco includes Superfluous information. 

Under this section, Pacheco describes Stockton's allegation Sergeant Uekcrt threatened her with a job change and 
the testimony provided by Officer Joaquin related to this allegation. It is unclear to Reporting Agent why Pacheco 
included tin's information. There is no testimony provided by any witness indicating Boswell was knowledgeable 
of the situation to the degree Stockton alleged against Uekert. 



2. 



Pacheco included false information. 



Pacheco states Boswcll admitted he did not initiate a job change for Stockton until after Stockton made a 
complaint to Acting Captain Ford. Pachcco's statement is not supported by Boswell 's transcripts or Lieutenant 
Tatum's testimony. Again, Tatum testified Boswell approached liim in April or May, 1992 and inquired about a 
possible job reassignment for Stockton from the R&R Unit to liis location. This testimony clearly demonstrates 
Boswell attempted to ie-Iocatc Stockton a minimum of three (3) montiis prior to Pacheco's claim. 

3. Pacheco violated Government Code Section 3300; PUBLIC SAFETY 

OFFICERS PROCEDURAL BILL of RIGHTS ACT. 

During liis interview, Boswcll questioned Pacheco about being interviewed as a "respondent" (accused officer). 
Reporting Agent was unable to locate a copy of Pachcco's memorandum to Boswcll ordering Ium to the interview, 
however, a copy of the memorandum issued to Uekert was obtained. If the memorandum issued to Uekcrt is 
indicative of the memorandum issued to Boswell, Pacheco may liavc violated Boswell 's rights granted under 
Government Code Section 3300. 

Boswcll 's transcripts indicates he questioned Pacheco about the memorandum not advising him of lus status as an 
accused officer. Pachcco's memorandum to Uekcrt did not provide sufficient or clear direction to the officer of the 
clurgc or focus of the investigation. The memorandum merely stated Pacheco was going to conduct an interview 
as a discrimination complaint investigator, in connection with a formal complaint filed by Stockton. Pachcco's 
memorandum failed to meet the criteria of Government Code Section 3303(c), "...the Public Safety Officer, under 
investigation, shall be informed of the nature of the investigation prior to any interrogation..." Furthermore, it isj 
inappropriate for Pacheco to report Boswell for questioning his rights as cited under Government Code Sectionj 
3304(a), Lawful Exercise of Right; Insubordination; Administrative Appeal; "...No public safety officer shall be| 
subjected to punitive action, or denied promotion, or be tlireatened with such treatment, because of liis lawful; 
exercise of rights granted under this chapter,...." 



Note: Pacheco administered the "Lybarger Warning" to 
complainants. It appeared to Reporting Agent, Pacheco i 
personal containing the same verbiage, without regard to 
complainant. 



.CON 

ill WltjV 

suedrnf 
their statu 

RELEASED TO 
BV 




OCUMENJ 

.B&JM/officeror 



DATE 



PACHECO'S REPORT ON OFFICER ALAN ANTONIM: 

La tlie Antonini investigation, Pacheco quoted six (6) individuals. Of those six, Antonini's interview transcript haj 
missing testimony and no tape recording was located in the file. The transcript of Stockton's second interview d 
February 4, 1993 is incomplete and Reporting Agent failed to locate a tape recording for the interview 

i 



03/11/96 09:11 SSU SAC. jEMTO -> 12095332478 '"", NO. 399 P004 

43-001-9(5 

Page 21 



Additionally, there was no tape recording located for another witness interviewed for tius investigation. Pacheco's 
six (6) page investigation contains three (3) allegations of misconduct by Officer Stockton against- Officer 
Antonini. 



• Under Allegation HI, Pacheco indicated Stockton alleged, commencing the first week she was assigned to the 
R&R Unit Officer Antonini would tap "lus watch in a disapproving manner" and give Stockton "the 
impression" he was troubled by the amount of time she utilized to obtain paperwork and monies for paroling 
inmates. Stockton further alleged Antonini would make comments to the effect of, "...a male officer would 
have the paperwork done faster and on time...." Pacheco "partially" sustained the allegation. Pacheco did not 
identify the part of the allegation she sustained. 

1. Pacheco falls to identify the sustained allegation of misconduct. 

Pacheco only quoted Antonini under this allegation. Antonini admitted to tapping his watch and had a "vague" 
recollection of making comments about the amount of time Stockton used to secure the paperwork and money for 
paroling inmates. Antonini stated he was teasi/ig Stockton with his comments and he had teased other officers in 
die same fashion. Pacheco failed to identify any other witnesses to these purported conuuents. Cased upon the 
alligation as written by Pacheco" and die statements attributed to Antonini, Reporting Agent could not identify 
what section of the Department Operations- Manual or Government Code Section Pacheco was accusing Antonini 
of violating. 

• In Allegation ill, Pacheco reported Stockton alleged Antonim made derogatory conuuents about women not 
being able to perform unclothed body searches and she was working in a man's world and if she couldn't 
perform her job, she should "probably get out." Pacheco sustained die allegation. 

1. Pacheco misquotes witness testimony. 

Pacheco writes Officer Joaquin testified Antonini made the following comments, "...you are just working here for a 
trial basis.. .and you can't even do strip searches...." Joaquin's t*st±memy-cjciij^"pj^^ the 

phrase, "...and you can't even do strip searches...." GUN IKULLtU UUlU/YltlNI 

DUPLICATION OR REISSUANCE 

Pacheco indicates Officer Gary Cavalicri confirmed he witnessed an al IqSQ^| "^<Q ^^ ^YWSrW/ Antonini ind a 



female visiting officer. Cavalieri's testimony did not confirm tlv 



involving herself and Antonini nor did he testify he found th< RfincAittiB LQe rrsfing" ar rep o rted by Pa c 



female visiting officer's rendition of die in< 



Pacheco also stated Cavalieri confirmed Antonini made all olj gl£ derogatory commcn liAallef nrl by Sfrv <ton 



ident 
leco. 



During his interview, Cavalieri confirmed he heard "someone" m lki sLUunmu Conce rning lemaJes bemg assigned 
to R&R. Cavalieri attributed several of the derogatory comments to an Officer Mario Borroel. 

Note: Officer Borroel was another officer Stockton alleged misconduct against. Reporting Agent did 
not locate a report on Officer Borroel in the EEO file. Pacheco interviewed Borroel as both a 
"respondent" (accused officer) and as a witness to Stockton's allegations. Pacheco failed to 

provided an explanation in any of her reports indicating why she did not complete an investigative 
report on Borroel. Reporting Agent did not locate any memoranda in the EEO file indicating a reason 






03'1 1^96 03:11 SSU SAC ilENTO •♦ 12095332478 ) NO. 399 PG0 

43-001-96 

Page 22 



for Borroel to be excluded from Pachcco's investigation^). Pacheco never utilized Borrocl as a witness ir 
any of the five submitted reports. 

Pacheco wrote Officer Rebecca Byrd testified Antonini, "basically ignored" her after she and Antonini wer< 
involved in an incident in the R&R. This is a misstatement of Byrd's testimony. Byrd testified she believc< 
Antonini always "ignored" her and the alleged incident was not the catalyst for her feeling Antonini ignored her 
recorded by Pacheco. 

2. Pacheco failed to include mitigating testimony. 

Pacheco failed to included Sergeant Gary Summerset's testimony lie selected Stockton for the R&R Unit, 
Summerset testified lie was originally against having a female assigned to the R&R because of the unclothed body 
searches. He stated, prior to Stockton's arrival, several of the officers assigned to the R&R "(Antonini included) 
voiced concern about laving a female assigned to the area. Summerset then stated he never ovcrlieard any 
negative comments concerning women working the R&R Unit after Stockton arrived. Summerset's contend 
arc supported by several other witnesses uot delineated by Pacheco in tliis report. 



In Allegation //3, Stockton alleged Antonini continuously flagellated in front of her and other people. She 
claims she asked Antonini to stop tliis beliavior and the odor made her sick to her stomach. Pacheco sustained 
the allegation. 



1. Pacheco failed to include mitigating testimony. 






Officer Antonini freely admitted to the allegation but claimed once Stockton complained, he discontinued his 
flagellation around her and apologized for his prior actions. Antonini's claim he discontinued his f lagella tion 
around Stockton was supported by witness testimony not mcludedJii-Eacbdce^re^ort: ,0;i^wi^^ Testified he 
never observed Antonini flagellate when Stockton was around. | COMTROLLtU UUlUWItWI 

DUPLICATION OR REISSUANCE 

In the "Conclusion" section of her report, Pacheco -writes, "...wi n ess statement^ ^kt£$$Y^W lcn ts made by 
respondent (Antonini) confirm that -CP (Stockton) was subjected to an offensive, hostile worl ' 
environment.. Antonini's. ..actions were offensive, inappropriate, ar ffi^Ai^daJtrLpP's (^toc&on)-behc , fthat 
was chscrirninated against based upon her sex..." 




1. Pacheco fails to present evidence to support an allegation Antonini subjected 

Stockton to a hostile, offensive and inappropriate working environment 

Pacheco only submits Officer Joaquin's testimony to support her contention Antonini subjected Stockton to a 
hostile working environment. Pacheco misquoted Joaquin and attributed comments to Antonini which Joaquin 
testified were made by Officer Duncan. Pacheco again quotes Officer Douglas Coke's statement, he overheard 
either Antonini or Duncan make the statement, "...it would be nice to have a partner tliat could do the work, yes, it 
would be nice to have somebody out here who could help us...." This statement does not support a connotation oj 
sexual harassment. Coke also testified he did not believe Stockton heard the comment and Pacheco fails to identif) 
a nexus to Stockton's allegation against Antonini. It is not logical for Pacheco to utilize Antonini's flagellation tc 
support a allegation of discrimination based on sex. Witness statements and Antonini's testimony indicate hi. 
propensity to flagellate was pervasivejn front of both genders. - - 






03/11/96 09:11 SSU SAC. feNTO ■» 12095332478 ) NO. 399 PQQs 

43-001-96 
Page 23 



Because Antonini's transcripts were incomplete, Reporting Agent was unable to confirm or refute closing 
statements made by Pacheco which vilifies Antonini. 

PACHECO'S REPORT ON OFFICER DANNY DUNCAN: 

In the Duncan investigation, Pacheco quoted seven (7) individuals. Of those seven, there were no tape recordings 
for Duncan's and Antonini's interviews. The transcript of Stockton's second interview on February 4, 1993 is 
incomplete and no tape recording was located. Sergeant Louis Dolinsek was interviewed on two occasions and his 
second interview was telephonic. The telephonic interview recording was not audibly clear or transcribed. 

Pacheco's seven (7) page investigation contains three (3) allegations of misconduct filed by'Stockton against 
Duncan. Pacheco also cliarges Duncan with one (1) additional allegation under a section of her report titled, 
"Subsequent Allegations and Findings." 

• Under Allegation Hi, Pacheco indicated Stockton alleged Duncan made disparaging remarks concerning her 
strength and her inability to work early transportation buses because she was prohibited from performing 
unclothed body searches. Pacheco sustained the allegation. 

1. Pacheco misquotes witness testimony. 

Pacheco claims Officer Antonim confirmed Duncan made negative comments concerning women working in the 
Pv&P>_ Antonini testified Duncan only expressed concern regarding women wor king R&R becausg __Q£jhc 
unclothed body searches. r COtfflvOLLED^^ 

2. Pacheco utilized non sequitur testimony to suppc 



Pacheco utilized Officer Coke's testimony he overheard cithsr Dun 
to have a partner tliat could do the work, yes, it would be nice to 1 
Coke also testified the comment was made in front of inmate clei 
comment. Reporting Agent emphasizes Pacheco failed to show a 
were against Stockton or her gender. 



rt t],eDWk«M0H OR REISSUANCE 
CONTROLLED BY LAW 

;an or Antcinini comment, "...it would be 
aREL^rttebJdy ©Ht-iteTC-tJiiiLcould h61p us.. 
cftY^ut lie did noJjgUe^Stc^kte<iTfasg±J 



1C 



>r nexus indicating the comments 



3. Facheco failed to indicate a nexus between testimony and the allegation. 

Pacheco included Officer Joaquin's testimony which indicated, on two (2) occasions he prepared staff assignment 
list for early buses and heard Duncan make a comment to the effect, "...no use having Cluis (Stockton) come in... 
she's a female, she cant help us strip out.. .Antonini. ..and I are going to come in...." Pacheco failed to indicate a 
nexus between Duncan's affirmation of CDC policy and gender discrimination. : 

4. Pacheco failed to include mitigating testimony. 



/* 



03'11/S6 09:11 SSU SACK INTO -> 12Q95332478 



NO. 339 P0Q7 



43-001-96 

Page 24 



Pacheco did not include testimony which supported Duncan's claim when Stockton worked early buses, a male 
officer from one of the "yards" would Jiavc to be requested to assist the R&R staff with the unclothed body 
searches. Duncan 's-position was ratified by Antonini's, Uekert's and Officer Gregory Vines' testimony. 

5. Pacheco utilized unsupported hearsay testimony. 

Officer Coke testified Stockton informed hint of negative comments being uttered in the R&R of, "...let Stockton 
do that she's weak.. .you have no business coming in for early buses, you can't do strip-outs, are you sure you 
know what your doing.. .what do you know, you're just a female...." Coke dose not testify he ever heard the 
comments nor did he state Stockton attributed all of the comments to Duncan. 

In the closing paragraph under Allegation HI, Pacheco writes, "...It should be noted that prior to the assignment of 
Sergeant Uckert and Officer Duncan, CP (Stockton) had on numerous occasions came in for early buses....'" 
During her interview, Stockton alluded she was prohibited by Sergeant Uekert from working early transportation 
buses, promulgating a substantial portion of her overall complaint. Stockton advised Pacheco, Officer Gregory 
Vines would substantiate her allegations against Uekert and Duncan. 



6. 



Pacheco failed to include exculpatory testimony. 



Vines' testified for a period of three montlis he woikcd early buses -with Stockton after Uckert and Duncan arrived 
to the R&R Unit. Pacheco failed to include testimony from Sergeant Uckert and Officer Duncan, indicating 
Stockton continued to work early buses subsequent to Uekert's arrival to R&R, Pacheco also failed to include 
testimony from Officer Ricliard Curtis who indicated while he worked the R&R, he never observed or heard any 
unprofessional comments or actions regarding Stockton or female's abilities to perform their duties in the R&R. 



Under Allegation {12, Pacheco indicates Stockton alleged Duncan requested she po out for drinks with Captain 






William Heisc ill an attempt to have Sergeant Uekert removel fron(^fl$Q |M l D DOCUMENT 

DUPLICATION OR REISSUANCE 
CONTROLLED BY LAW 



1. Pacheco fails to include mitigating testimony. 



Under Allegation #2, Pacheco deludes the reader when she quotos Duncan with, "...wej^jg he (Stockton ) 
supposed to set up a meeting with Captain Heise. with her and I,[h£ u— *^nn^-, ... -*- ^ l - 



was 



Pacheco alludes the meeting which Duncan wanted Stockton to arrange was over drinks. Pacheco failed to include 
Duncan's testimony he wanted Stockton to arrange a meeting with the Captain in his SCC Office. 

• In Allegation #3, Pacheco indicated Stockton alleged Duncan would "gawk" at the female transportation 
buses drivers and make comments such as, "...I could show her what it's like to be with a real man...." 
Stockton further alleged she informed one of her prior supervisors (Sergeant Louis Dolinsek) of Duncan 

behavior. 






Pacheco listed Officer Rene Martinez as Witness M hi the Duncan investigation. 
investigations, Pacheco gave Martinez the numeric denomination of Witness HI. 



In the Uekert and Cooper 
While writing Martinez' 






"1 

* 03^11/96 09:11 SSU SACI ENTO •> 12095332478 . ) NO. 399 PG03 

43-001-96 

Page 25 

statement for this allien. Pacheco iniOaHy referred to him as Witness M then in the center of hi, statement, 
quoted Witness # I •. 

1. Paeheco incorrectly numbers witness testimony. 

Pacheeo efcner erred and listen Martinez as Witness {^^SL^^e^X^ 

Es^^^^ 

comments about female officer's '"butts. 

2. Paeheco fails to include mitigating testimony. 

Paeheco filled to disclose Officer Martinez testified the male R*R officer's a,so negatively commented on the 
male Transportatiou officer's bodies. 

3. Pachcco sustains the allegation without evidence. 

Pachcco a.so sustains StooWs allegation Duncan made the %"£"■?£%% S.tJTi— 
with a real man...." Pachcco further sustained St«Won s claunwl ^ a busarr v^ v ^^ 

Duncan would stand outside ofthe bus. "...literally w,th lus tong ue losing o "<- J^»° , ^ ^ 
Pachcco interviewed who purports to have heard Duncan «. "'e^^WLtETJ TOCOWT 



inappropriate bcliavior 

A. Pachcco submitted false testimony 



DUPLICATION OR REISSUANCE 
CONTROLLED BY LAW 



JlElfASE U KLrtr A Rvwm«l-^x>ndu«t4owajxs the 

Paeheco stated Sergeant Dolinsek testified he was informal of ] |P»jgg|f 

women transportation ,>cr S onncl...and Dolinsek counseled Dunca 1 |B.reganhngJ 1 ^onducL.. . 

During the initial oomphbt to Tuolumne County Sheriffs Detective ^X^tt^TvZl 
.nadefric statement attributed to him by Paeheco. ^^^X^d 
was interviewed on two occasions. On January 27 1993. Do ins * W"™ £ £. ^ ^ ity of 

requested a second Interview. Pachcco conducted the second rnterv,cw **S tf me ^ccrdbg and lack of a 
S tape recordmg was so poor, no transcript was made of ^^.^^^"^c'heco. 
transcript prevented Reporting Agent from confirming Dolinsek s testimony as provioeo oy 

On December 11. 199a. Reporting Agent requested 10. ^^^^^2^^^^ 
telephonic interview made by Paeheco of Sergeant Dolinsek s "^^'^tviewed Dolinsek by 
recording still left areas of ambiguity and on December 14. 1995, Reporting Ag 

telephone. 

During lus 1995 interview with Report^ Agen, ™%£%£ Sc^^S^ £ £ 
recall reprimanding Officer Duncan while ass.gned to the *f^^ ^ p aeheco by telephone. 

first Interview, he recalled an incident involvmg Duncan and Stockton and contact 



03'll/96 09:12 SSU SflC -1ENTO* 12095332478 MO. 399 P009 

43-001-96 
Page 26 



Dolinsek slated to Reporting Agent, lie remember an occasion when a female bus driver arrived "with a bus in the 
R&R and Officer Duncan was standing next to him. Dolinsek heard Duncan say something to tlic effect of, "I 
wonder if she wants jne to help her unload the bus." Dolinsek did not interpret Duncan's comment as offensive 
but noticed Stockton made an, "eye motion." Dolinsek indicated later that day, he discussed Stockton's apparent 
dislike of Duncan's comment, with Duncan. He stated he told Duncan he personally did not liave a problem with 
the comment but felt Stockton may have, and was warning Duncan to "be careful" around her in the future. 
Dolinsek stated this was the sum and substance of his telephonic interview with Pacheco. Dolinsek also stated he 
did not inform Pacheco he counseled Duncan regarding the above incident. Dolinsek emphasized lie did not 
interpret Duncan's comment as, "sexual liarassment." Dolinsek denied Stockton ever approached liim requesting 
he counsel Duncan and further denied telling Pacheco, Stockton ever approached him concerning Duncan's 
bduvior. Dolinsek stated he never implied to Pacheco the incident ever involved more tlian one female 
transportation officer on one occasion. 

If Dolinsck's testimony to Reporting Agent is accurate, Pacheco misleads die reader to believe Duncan was 
counseled by Dolinsek for unprofessional conduct towards women transportation personnel. Paclieco did not 
identify in her report who the individual was claiming they informed Dolinsek of Duncan's behavior. 



Allocation UA is covered in the section of Pachcco's report titled, "Subsequent Allegations and Findings." 
The allegation concerns Officer Joaquin's claim cither Duncan or Uckcrt made a disparaging remark about the 
way Stockton cats yogurt and the comment, "it's us against her." Pacheco did not sustain the allegation 
against Duncan. 



Pacheco fails to include mitigAting testimony. 



CONTROLLED DOCUMENT 

DUPLICATION OR REISSUANCE 

Pacheco failed to include Officer Joaquin's testimony the conversation between- he; ©urWmrana Uckcrt occurred 
from two (2) to five (5) days after Stockton left SCC on stress. Aftg|i§ftg|jft ]f§ the conversation, none of t h 
off; ecrs involved were knowledgeable of Stockton's, condition or her jctaequent allegations of reconduct. 



Pacheco closes her report with a "Conclusion" section and writes, "...Witness statement as well as statements 
made by respondent (Duncan), confirm that the CP (Stockton) was subjected to an offensive, hostile working 
environment. The respondent (Duncan) contributed to the hostile working environment by making comments 
reflecting discrimination based on sex, and sexual harassment...." Reporting Agent was unable to ascertain the 
di s eliminating comments based on gender. Pacheco's investigation proved Stockton continued to perform the 
same functions in the R&R after Uckcrt and Duncan arrived. Pacheco just failed to provide this testimony in her 
report. 

Within this section, Pacheco also included a situation she described as, "...not of a discriminatory nature... 
involving the problem between Officer Duncan and Officer Coke. Lieutenant Pacheco accurately reflects ; Stockton 
felt obligated to mediate the problems between Duncan and Coke and her belief the Department was "letting her 
down" with the constant change of supervisors in the R&R Unit. Even though Stockton perceived Officer 
Antonini and Duncan were attempting to sabotage Officer Coke's work, Pacheco faled to provide testimony 
supporting her perception 






03/11/96 09:12 SSU SRC 1EKT0 •> 12095332478 NO. 399 P01O 

43-001-96 
Page 27 



1. Pacheco includes unsubstantiated superfluous opinion. 

Lieutenant Pacheco closes this report with the statement, "...It is my belief that respondent (Duncan) was less than 
truthful in his answers to die questions...." Reporting Agent was unable to substantiate this claim by Pacheco. 
Because Duncan did not respond to Pacheco's questions in a fasluon she perceived as acceptable does not prove 
the individual is being less than candid during their interview process. 

Note: Reporting Agent was unable to locate any documentation in Pacheco's investigations or the 
EEO file to explain why Officer Stockton's allegations against Officer Mario Borroel and Lieutenant 
Ivan Clay were not addressed Evidence Suggest Pacheco may not lmve been aware Stockton originally 
complained against Lieutenant Clay, however, Pacheco interviewed Officer Borroel as a respondent 
(accused officer) and witness. Pacheco never indicated cither Lieutenant Clay or Officer Borroel were 
interviewed in any of her reports. 



CDC'S ADMINISTRATIVE ACTION TAKEN BASED UPON PACHECO'S REPORTS: 

Uu'lixing -Pacheco's investigative reports, SCC Warden Kingston Prunty determined sufficient evidence was 
presented to warrant adverse action be taken against Lieutenant Boswell, Sergeant Uekert and Officers Antonini, 
Duncan and Cooper. SCC Employee Relations Officer (ERO) Dunca n Fallon prepared and se rved the five (5) 
officers with Adverse Actions. Fallon used Lieutenant Paclicco's report 
the officers and quoted several sections of the reports in the actions. 



Ill the Cooper action, Fallon sustained die disputed allegation by S 
McGhcc and accused him of lying during lu's interview with Pad 
misconduct not covered by Pacheco's report. The Adverse Action resul 



: t0 ^^^llf^WWfffi^^ 

DUPLICATION OR REISSUANCE 

ockton, \}(£&WkW M fflWenta and 
also charged Cooper with. 




pef s terminatkmr 



DATE 



In the Uekeit action, Fallon utilized the Stockton, complaint against Cooper and Uekert *s failure to resolve the 
issue or to take appropriate action. lie further charged Uckcrt with discussing the use of baby oil with Stockton, 
he couspiicd with another officer to create a hostile environment for her, accused liim of using the plirase "women 
shouldn't work here because of inmate strip scarclung," and lying during his interview with Pacheco. Fallon also 
included the non-disputed allegation Uekert showed a photograph of a naked women on a bed to subordinates at 
work. Sergeant Uekert was terminated. 

In the Boswell action, Fallon supported the allegations Boswell failed to take action and provide Stockton a job 
change after Officer Coke had advised him Stockton needed to be removed from the R&R Unit. He also 
substantiated Boswell failed to act on Stockton's request for a job change, he failed to take corrective action 
against Uekert and he failed to address Stockton's indication she was contemplating suicide. Fallon also 
substantiated an allegation of misconduct not covered in Paclicco's report. Boswell was demoted to the 
classification of Correctional Officer. 

In the Antomni action, Fallon substantiated the allegations he made several disparaging comments about females 
working in the R&R to include the statement, "...It would be nice to liave a partner that could do the work, yes, it 
would be nice to have somebody out here tliat could help us...." Fallon also sustained the allegations Antonini 
mide inappropriate comments to the female visiting officer, he continually flagellated and lied during lu's interview 
with Pacheco. Officer Antonini was suspended without pay for forty-five (45) days. 






43-001-96 
Page 28 



In the Duncan action, Falloa substantiated the allegations Duncan accused Stockton of being weak and she had no 
business coming in for early buses because of the strip-outs. Fallon further sustained the allegations Duncan made 
other disparaging remarks to include, "It would be nice to have a partner that could do the work, yes, it would be 
nice to Lave somebody out her to help us," he asked Stockton to go out for drinks with the Captain, moved inmate 
property so Officer Coke would not be able to locate it and lied during his interview with Pacheco. Duncan 
received a sixty (60) day suspension from duty without pay. 



REQUEST FOR DEPARTMENTAL REVIEW OF PACHECO'S INVESTIGATIONS BY THE 
ACCUSED STAFF: 

The file of Pachcco's investigations contained letters of correspondence between the five Officers and EEO. The 
correspondence indicated on March 4, 1993, the five officers mailed a memorandum to the "EEO Commission." 
In the memorandum the five Officers alleged they had been discriminated against by Pacheco during her 
investigation. They further alleged Pacheco placed biased information into her reports and failed to properly 
investigate mitigating testimony provided. On June 13, 1993, Lieutenant Boswell presented another memorandum 
to Mr. P.obcrt Denninger, Chief Deputy Director, CDC, requesting a reinvestigation of Stockton's allegations 
utilizing an investigator other than Pacheco. 

A memorandum on June 21, 1993, by SCC Interim Warden Bert Rice, notified Mr. Antonio Aguilar, EEO 
Discrimination Complaint Unit, of Lieutenant Boswell's, Sergeant Uekcrt's, Officers Cooper, Duncan and 
Aniontni's request for reexamination of die allegations and procedures utilized by Pacheco. Warden Rice's 
memorandum to Aguilar stated, "....On June 15, 1993, I received a copy of a memorandum dated May 25, 1993, 
addressed to Mr. David Rodriguez, Diicctor, Equal Employment Opportunity Commission. I am enclosing a copy 
of the report for your review and follow up. The complaint alleged Ms. Pacheco was biased, intimidating, 
humiliating, and the investigation was unfair. The complainants are alleging they have not received a response 
from you or Ms. Pinkins. I have discussed tins with Ms. Pinkins and we agreed that the tapes should be reviewed 
to determine if Ms*. Pacheco conducted herself witliiii die guidelines of r a_CD.C_iiivc5ti&ator. At the time the 



investigation occurred, Ms. Pacheco was on loan to Affirmative Action Office, Hf&T^fu^tlllD DOCUMFNT 

On July 7, 1993, Mr. Aguilar responded to the accused Officers and their rcprc&m ffMl WimM^m^im, 
SCC, and J. Russell, CC-1I, SCC. Mr. Aguilar's memorandum expreised his cdnUWro(rUlHtB©lr^p\f)rts arc 
reviewed by liimsclf and Nora Brusuelas. Mr. Aguilar indicated h^f^d^M^sJfjBrusuelas make the final 
determination if allegations are sustained or not sustained. In closing.nMr. Aguilar stated, "Jrr7:vJevv uf-th»— 
investigation, I find diat it was conducted in accordance with established pnh7TirvJwd_uii\ .cdure3. T ilo-not-find— 
that anyone's rights were violated or abridged." 

Or. July 25, 1993, Chief Deputy Director Denninger also responded to die accused officers with a memorandum 
addressing their complaints against Pacheco's investigations. Essentially, Chief Deputy Director Denninger 
indicated die final determination of Pacheco's investigation and her methods utilized were within CDC established 
procedures and die officers' rights had not been violated or otherwise abridged. Chief Deputy Director Denninger 
reminded the Officers, "You were so advised via a memorandum from Antonio Aguilar dated June 16, 1993.' 
Clu'ef Depury Director Denninger advised die Officers Ms. Brusuelas had informed him Uieir concerns did not 
constitute a basis for filing a formal EEO complaint. 



! 



tJj/11/iJD <j^-i.c coo Dni.r,ni iw. i . -> 



43-001-96 
Page 29 



Between Chief Deputy Director Denninger's July 25, 1993 memorandum and ApriJ 11, 1995, Sergeant Uekert 
approached Mr. Aguilar with request for re -examination of the investigation conducted by Pacheco. Uekert's 
request resulted in EEO conducting a review of Pacheco's investigation. On April 10, 1995, EEO Investigator 
Shelley Bahr prepared a memorandum to Mr. Aguilar regarding her examination of Pacheco's report on Sergeant 
Uekert. Miss Bahr indicated Pacheco's investigation was proper and came to proper conclusion. 

On April 1 1, 1995, Mr. Aguilar addressed a memorandum to Eddie Myers, CDC Regional Admimstrator-North, 
Institutions Division, addressing Ms. Bahr's findings. Mr. Aguilar's memorandum resulted in Mr. Myers issuing 
a memorandum on May 23, 1995 to the accused officers. Mr. Myers* indicated, "...Even after an in-depth 
review of the material you presented and additional information gathered, I find no evidence to sustain your 
allegations of wrong doing by EEO Investigator and/or the EEO Office...," While the above correspondence was 
being prepared and disseminated the accused Officers contacted Tuolumne County Sheriff's Detective Barnard 
Mai loy on April 2, 1995. 



REPORTING AGENTS INTERVIEWS: 

On January 24, 1996 Reporting Agent interviewed Acting Assistant Director Antonio Aguilar, CDC EEO. Mr. 
Aguilar was advised of his rights per the "Lybarger Warning" and he was represented by Paul Warner, CDC 
EEO. The tape recorded interview commenced with SSU Special Agent Dan Simth assisting tliis writcr.- 

Mr. Aguilar stated, even though Pacl>cco was considered assigned to the EEO Headquarters Office when she 
performed the investigation of Stockton's complaints, she was not picked by EEO as the investigator. Aguilar 
contends in 1992 it was not uncommon for a warden needing a sexual harassment complaint investigated at his' or 
hers* institution to consult with another warden and request an investigator. It is Aguilar's belief, Pacheco was- 
selected between SCC Warden Prunty and the Warden of Mule Creek State Prison. lie then claimed Warden 
Prunty contacted EEO and advised them of the complaint and the agreement Pacheco would be assigned to 
conduct the investigation. 

Note: Aguilar's statement is not consistent with Warden Prunty 's October 2, 1992 memorandum 
requesting EEO assign an investigator and conduct an investigation into Stockton's complaints against 
Lieutenants Boswelland Clay, Sergeant Uekert and Officers Coop er, Antonini, Dunc an and 
Borroel. On November 10, 1992, Assistant Director Nora Brusuejlas serf! Q khTpprnncTurn io . r , . . . _ . - 
Pacheco assigning her to the investigation and a memorandum t<j> Warden Jj'run (y arJ Wsu/g WntW/Vl L li I 
Pacheco was the assigned investigator. ^Ur LIlAllON OR REISSUANCE 

CONTROLLED BY LAW 

Aguilar stated, he and Brusuelas reviewed Pacheco's reports after she s 'J?P['ftf^p]hem to the EEO. The two of 
them approved Pacheco's recommendations on Stockton's complaints nJ-te mmca\ed^acheco-jdisai s_sed her 
findings of the investigation with him prior to her preparation of the repor ts. - uhJE 

Aguilar admitted he began receiving complaints from Lieutenant Boswell about Pacheco's investigation and her 
style/demeanor shortly after Pacheco submitted the reports. Aguilar contends Boswell made general complaints 
and never provided specifics. However, Aguilar conducted a review of Pacheco's reports which included a partial 
review of transcripts. He notified Boswell the reports and Pacheco's style were appropriate. Aguilar also 
admitted Boswell and Sergeant Uekert continued to complain about Pacheco's reports claiming she was bias 
during }>er investigation and presented false statements. He contends neither Uekert or Boswell provided specific 



43-001-96 
Page 30 



allegations or identified the areas in the reports which contained the false or bias information. He believed they 
were ambiguous about the specific information because it would have disclosed the information they were planing 
to utilize for appeal at their pending State Personnel Board Hearings. 

Note: Prior to receiving their Adverse Actions, the complaining officers would not have received 
Pacheco's reports or the transcripts and would not have had access to the information to provide 
Aguilar specifics he requested. 

In 1995 Aguilar assigned EEO Investigator Shelley Bahr to review Pacheco's report on Uckert. Her "mandate" 
was to determine if the investigation performed by Pacheco was fair, complete and arrived at a proper conclusion. 
AguiJar stated Balir was supplied with all five (5) of Pacheco's reports and selected transcripts. Bahr's review 
concurred with Pacheco's findings and recommendations. 

Aguilar could not provided Reporting Agent an explanation why Lieutenant Ivan Clay and Officer Mario Borroel 
were dropped from Pacheco's investigation There was no documentation in the EEO file to explain the absence of 
Clay or Borroel or the outcome of Stockton's complaints against them. Aguilar stated he was unaware Stockton 
alleged misconduct against Clay and Borroel and Pacheco only discussed the five (5) named officers. He never 
inquired fiom Pacheco Hie disposition of Clay and Borroel. 

Note: Aguilar's contention he was unaware of Clay and Borroel is not consistent with with records 
contained in the EEO file. Mr. Aguilar signed correspondence to Mr. David Rodriguez , Fresno 
Office of the Equal Employment Opportunity Commission, on April 6, 1993. Mr. Aguilar's 

correspondence is a letter of confirmation to Mr. Rodriqucz' acknowledging the granting of a time 
extension to the EEO on responding to Stockton's complaint of a "Charge of Discrimination." "Within 
the "Charge," Stockton stated, "...Officers A. Antonini, D. Duncan, Borroel, C Cooper, K. Uckert 
have engaged in acts...l complained about tliis treatment to my supervisor, Lt. Boswell...." 
Stockton did not include Lieutenant Clay in this complaint, however, Clay and Borroel were both 



listed as "respondents" (accused officers) in the original documii 
Pnmtyoa October 2, 1992. 



EUolT 



mmmwM^r 



DUPLICATION OR REISSUANCE 

ape rccor^^]\l^l^[^c\vmg, a 
'pa^ofihe. Adverse Actions against the 

fgplea (rlnplirarina mnrhi ne. He SCnt 

lUhfiJERO fortv-ons fWljl tapes. He 
from racjicco or a tlirnndc-ufthe-tapea — ' 



Aguilar could not explain what occurred to the missing eleven (11) 

telephone call in 1993, from the SCC ERO requesting the tapes for prep 

five (5) officers. Aguilar claimed at the time the EEO did not posses a 

the SCC ERO the original tapes for duplicating. Aguilar believes he 

conceded there was no accounting for the number of tapes EEO reccivec 

sent to the SCC ERO. Shortly after sending the tapes, Aguilar contends the ERO again called and asked for a copy 

of the Boswcll tape. Aguilar stated the ERO claimed they lost the original Boswcll tape at SCC. He further 

claims this is the only time tapes liave become "lost" from a case. Sense this case, Aguilar stated he has instituted 

policies preventing original tapes form leaving the EEO except by subpoena. The EEO now maintains an evidence 

record of all the tapes received or sent to other locations. 

Reporting Agent advised Aguilar of the suspected discrepancies in Pacheco's reports. "He was told Pacheco failed . 
to included exculpatory evidence/testimony, manipulated allegations and testimony, failed to address allegations of 
misconduct against two (2) respondents and provided false and/or misleading statements. Aguilar had no 
explanation for Pacheco's discrepancies and relied upon her to submit complete and factual reports for review. He 
stated Pacheco has a solid reputation and her integrity is beyond reproach. His review of Pacheco's reports was 



43-001-96 
Page 31 



based upon the information she provided. He reviewed segments of some of the transcripts but docs not believe he 
listened to any of the tapes. 

Agxiilar also confirmed Pacheco should have interviewed Sergeant Debbie Johnson about the allegation Stockton 
told her of her problems in the R&R Unit. He slated if Stockton told Sergeant Johnson about the alleged 
harassment, it is incumbent upon all CDC supervisors to take action even if the employee is not in the supervisor's 
chain of command. If Johnson failed to perform her duties it is a violation of CDC policy and slate and federal 
law. Aguilar indicated this requirement to take action is stressed during supervisors training and EEO 
investigators training. Aguilar stated Pacheco received EEO training from the State Personnel Board and would 
have been taught to supply supportive and mitigating testimony to all allegations. The interview was terminated. 

On January 23, 1996 Reporting Agent interviewed EEO Investigator Shelley Bahr. The interview was recorded 
Bahr slated she reviewed Pachcco's report on Sergeant Uekert at Mr. Aguilar's direction. Bahr indicated Aguilar 
requested she analyze the report and determine if there was misconduct of the part of Pacheco. Bahr stated she 
was only provided a copy of the Uekert report, some of the correspondences between the complaining officers and 
Aguilar and some partial transcripts. Balir did not receive copies of tapes to compare the transcripts and wrote her 
analysts based upon the report. Bahr agreed with Pachcco's findings and determined she conducted herself in a 
professional manner. The interview was completed. 

On January 31, 1996, Repotting Agent telcphonicly interviewed CDC Warden Kingston \V. Pmnty. Mechanical 
difficulties prevented the interview from being recorded. 

Warden Painty stated he was the Warden of SCC when Stockton filed her complaint of sexual liarassment. 
Prunty remembered Lieutenant Boswcll, Sergeant Uekert, Officer's Antonini, Duncan, Cooper and Borroel were 
all accused by Stockton. He did not recall Lieutenant Ivan Clay being named by Stockton or sending the EEO a 
handwritten note (fax) naming him as a seventh respondent. Pmnty slalcd' "...1 don't send hand written notes...! 
might have seen the note and initialed it...." 

Pmnty stated he did not request Pacheco as the investigator and indicated he sent the complaint to Nora Bnisuclas, 
CDC EEO. Painty claims EEO assigned Pacheco and advised liim she would conduct the investigation, stating, 
"...wardens don't assign EEO investigators, they arc sent by EEO...." He then claimed he spoke to Pacheco a few 
times while she was conducting her investigation and she briefed him about her findings before she wrote her 
reports. He reviewed the investigations and concurred with her recommendations. He did not recall talking to 
Pacheco about Borroel and does not know if she completed an investigation o n him He did not review the tapes or 



transcripts associated with the investigation. Pmnty stated he was involved in d^Qi|tj^{ij^^je|))€g^J^<y^^cJ 
officers involved. The interview was completed 



On February 1, 1996 Reporting Agent conducted a telephonic interview 



Duncan Fallon. Mechanical failure prevented the interview from being i"CCOrd$£|_[^$ED TO 



DUPLICATION OR REISSUANCE 
of cdc OTm^Ysifc 



gains! fcJE ntenanfcJBgsgsl 



Fallon stated he was the SCC ERO when Stockton filed her complaints 
Uekert, Officer's Duncan, Cooper and Antonini. He claimed he was unaware Lieutenant Clay and Officer Borroel 
were also named by Stockton as committing acts of misconduct. Fallon never received any reports or 
memorandums from Pacheco on Clay or Borroel. 



43-001-96 
Page 32 



Fallon then stated he received Pacheco's reports and supporting transcripts from SCO Investigations Lieutenant 
Dirk Covcllo in a large brown colored file box. He used tl>c reports to complete the Notice of Adverse Action(s) 
on the five (5) officers. He did not receive any of die interview tape recordings. With the "Notices," Fallon stated 
he provided each officer a copy of their respective transcript(s) and copies of witness transcripts, "the ones I liad," 
for their particular case. He indicated when this incident occurred, it was routine to either provide a copy of the 
transcripts or a copy of the tapes to the charged employees but not both transcripts and tapes. Fallon claimed he 
was unaware several of die transcripts he provided to the "respondent" officers were incomplete. 

After the service of the Adverse Actions, Fallon stated he received a request from Lieutenant Boswell's 
representative for a copy of Boswell's tape to compare with the transcript. Fallon claims he contacted Pacheeo 
and requested the tape. Pacheeo advised him she had subnu'tted all of the tapes to Antonio Aguilar. Fallon stated 
he telephoned Aguilar and requested the tapes and received a large number of tapes in an overnight mail bag from 
him. He did not record the number of tapes he received or the names of the individuals. Fallon stated he was 
aware several tapes were missing and specifically Boswell's interview tape. Fallon asserts he re-contactcd 
Aguilar requesting a copy of Boswell's tape and Aguilar told him the tape was sent with the others. Fallon 
ultimately provided the tapes to the State's attorney for use in the State Personnel Board Hearings. 

In closing, Fallon stated shortly after the five (5) officers were interviewed by Pacheeo, lie heard rumors they had 
complained about her treatment and handling of die investigation. The interview ended. 



CONCLUSION: 

This investigation substantiated Pacheeo failed to included germane and exculpatory testimony provided by the 
subject and witness officers. She confused the reader by improperly recording witness statements. She also failed 
to adequately address conflicts in testimony provided by various witnesses or include mitigating testimony which 
supported the positions of the accused five Officers. 

The problems identified in Pacheco's reports are exacerbated with the loss and/or missing eleven (11) interview 
tepc recordings and the missing or incomplete transcripts. The missing tapes prevented Reporting Agent from 
completing a total comparison of the tapes to the transcripts. This failure inhibited Reporting Agent from totally 
addressing the allegation Pacheeo falsified transcripts and witness state ments in her reports. 



CONTROLLED DOCUMENT 



Tie five (5) complaining/accused officers' allegation Pacheeo was I 

amplified with Pacheco's failure to explain in her reports, or in any doc. „..„. 

decision not to address Stockton's allegations against Officer Mario B >rrocl or L^oraianHvMi^lay*. Pacheeo 
understood Stockton alleged Officer Borroel committed acts of miscondirep|tjo^apfleTg}i e interviewed Borroel as a 
"respondent" (accused officer) and witness. There is insufficient evidence to support PacneccflyflS cogruzant 
Stockton also alleged misconduct against Lieutenant Clay as she only int |mev^e< 44iTm-as-trTatti£Sl. 



I 



43-001-96 
Page 33 



STATUS: 

At the request of the. Tuolumne County District Attorney's Office, Reporting Agent did not interview Lieutenant 
Toni Pacheco. The District Attorney requested any contact with Pacheco occur after Tuolumne Sheriffs 
Department had completed their investigation and the District Attorney had assessed the case for possible criminal 
prosecution. 

Special Service Unit interest in this case is now abated until the Tuolumne County District Attorney's Office has 
completed their investigation and a determination on possible criminal prosecution of Pacheco has been reached. 



^AjjMbJ^ 




REVIEWED & APPROVED: 



""EVE 
Special Agent 



ALAN ADDISON 

Senior Special Agent 



cc: Eddie Meyers, Chief Deputy Director, Field Operations 
David Tristan, Deputy Director, Institutions 
Ivalec Henry, Warden, M.C.S.P. 






CONTROLLED DOCUMENT 

DUPLICATION OR REISSUANCE 
CONTROLLED BY LAW 

RELEASED TO 

BY DATE 



aJ-ME OF CALIFORNIA 



PART A - COVER SHEET 



DEPARTMENT OF CORRECTIONS 
PAGE 1 OF 4 



CDC 837 -A (11/91) 
























INCIDENT LOG NUMBER 
SCC-COP-99-09-0133 


INSTITUTION / FACILITY 

s.c.c. 


INCIDENT SITE / LOCATION 
RECIEVING AND RELEASE 


DATE INCIDENT 
09-05- 99 


TIME INCIDENT 
0800 


SPECIFIC CRIME / INCIDENT 

ATTEMPT TO COMMIT FELONY FRAUD 


jD.Aj REFERRAL 
X YES □ NO 


SECTION / CODE / RULE NUMBER 

CCR 3006 


jvj 1 SERT ACTIVATED? 1 JsJ 1 NEGOTIATION TEAM ACTIVATED? 1 fvf 1 MUTUAL AID REQUESTED? 
1 (ENTER Y OR N | | (ENTER Y OR N) | | (ENTER Y OR N) 


1 JvJ 1 MEDIA NOTIFIED? 
1 1 (ENTER Y OR N) 


S£=£?gaEg?^g^££S^ 


<ffcgaf)ffff«aaftaHfrp "'.A 1 ' H fflrePRMATTON: (rHFiTtyrTtrwAi?Al»Praff sSsfei^SSS^ Rssasa^^ 


DEATHS 


CAUSE OF DEATH 


ASSAULT/ BATTERY 


TYPE OF ASSAULT/ BATTERY 




STAFF 

VISITOR 

INMATE 




HOMICIDE 
SUICIDE 
ACCIDENTAL 
NATURAL 




ON STAFF 
ON VISITOR 
ON INMATE 
OTHER: N/A 




BEATING 

SHOOTING 

STABBING 

SPEARING 

POISONING 




STRANGLING 








SLASHING 








SEXUAL 


N/A 








OTHER: . _N/A_ 




N/A 












SERIOUS INJURY 


INMATE WEAPONS 


SHOTS FIRED 


TYPE WEAPON (STAFF) 




STAFF 

VISITOR 

INMATE 




FIREARM 

KNIFE 

SPEAR 

EXPLOSIVE 

PROJECTILE 




STABBING 
HANDS /F 


INST 


RUMENT 




YES | X INO 




38CAL 






EET 


NUMBER 


MINI 14 






CLUB / BLUDGEON 
CAUSTIC SUBSTANCE 
OTHER: N/A 


FIRED 


H&K94 


"] ACCIDENTAL 
1 ATTEMPTED 






ESCAPES 




SHOTGUN 








WITH FORCE 
WITHOUT FORCE 
ATTEMPTED 




37 MM 




SLASHING INSTRUMENT 




TASER - 


SUICIDE 




COMMERCIAL 








PR 24 


L I OTHER N/A 






INMATE MANUFACTURED 






OTHER: N/A 


SUSPECTED CONTROLLED 
SUBSTANCE 


LOCKDOWNS 


EXCEPTIONAL ACTTVITY 












HEROIN / OPIATES YES 


I X I NO 




MAJOR DISTURBANCE 
INMATE STRIKE 
PUBLIC DEMONSTRATION 
INMATE DEMONSTRATION 
NATURAL DISASTER 
ENVIRONMENTAL HAZARD 




EMPLOYEE JOB ACTION 


COCAINE 

MARIJUANA 

AMPHETAMINE 

BARBITURATE 

LSD 

PCP 

METHAMPHET AMINE 


IF YES, LIST AFFECTED 
PROGRAMS BELOW; 






MAJOR POWER OUTAGE 






EXPLOSION 






FIRE 






HOSTAGE 






GANG INVOLVED 




SPECIAL INTEREST INMATE 
WEATHER 










OTHER: N/A 




























] OTHER: N/A 



DESCRIPTION OF CRIME / INCIDENT: On September 05,1999 at approximately 0800 hours Correctional officer E. 
Scott was processing Inmate Guyton's H-84870, property at R&R. Inmate GUYTON was scheduled for parole 
on this date. While processing the property, GUYTON handed officer Scott one brown paper bag that he was 
attempting to parole with as personal property. During the search of the contents Scott discovered the following 
items; one computer, 3/12 " floppy disk hidden in an envelope. Upon review of the disk revealed a CDC 954 
form used to order items from outside venders, a letter of interest for employment and numerous styles of 
resumes, one social security card belonging to GUYTON # 374-82-4144 (Review of the C-file confirmed the 
card belonged to GUYTON, one out going letter for Inmate Johnson D-83070 addressed to Penthouse 
Magazine. Also discovered in Guyton's property on "Post It Notes" was the names, some addresses, social 
security numbers and birth dates of fifteen SCC staff members. Guyton's property was inventoried, placed into 
a manila envelope and processed as evidence. GUYTON was then escorted to the Investigative Service Unit 
were he was given his rights pursuant the Miranda Decision. 

X CHECK HERE IF DESCRIPTION IS CONTINUED ON PART C 




: CODRj 



BADGE /LD.# 
34892 




SERVICE flNSTTTUTION USE) 
YEARS 11 MONTHS 6 



DATE 
09/05/99 



AUTHORIZE" SIGNATURE / TITLE f INSTITUTION USE) 
_W. F. HEISE, Associate Warden. Central Division 



lh 




ft 0.6 



DATE 
09/05/99 



STATE OF CALIFORNIA 



DEPARTMENT OF CORRECTIONS 



CRIME / INCIDENT REPORT 
PART C - SUPPLEMENT 

CDC 837 -C (11/91) 



PAGE 



OF 



INCIDENT LOG NUMBER 
SCC-COP-99-09-0133 



INSTITUTION / FACILITY 



^£C_ 



INCIDENT SITE / LOCATION 
RECEIVING AND RELEASES 



DATE INCIDENT 

9/05/99 



TIME INCIDENT 
0800 HOURS 



TYPE OF INFORMATION 
X I CONTINUING DESCRIPTION OF INCIDENT (PART A) 



SUPPLEMENTAL INFORMATION 



CLOSURE REPORT 



GUYTON waived his rights and wished to make a statement. GUYTON stated that he was assigned as the 1 
Service Training Clerk since October of 1998. GUYTON said that in the course of his duties he had access t< 
SCC staffs names, social security numbers, addresses and dates of birth. GUYTON stated that he wrote thi 
information on small yellow "stick-um" notes and placed them in his pocket and brought them through the bac 
gate on his way to the yard. GUYTON said that he placed the information in letters in order to escape detection 
GUYTON said that his intent at the time that he took this information was to fraudulently fill out credit car< 
applications for personal gain, if he got into financial difficulty on the street following his parole. GUYTOr 
Stated that he never told anyone else that he had this information or did he ever show this information to anyom 
else. It should be noted that GUYTON volunteered this information without promise of favor or coercion. / 
search of the property of all inmates assigned to dorm #5, the dorm to which Guyton was assigned, in additioi 
to the property of all inmates assigned to 1ST and the surrounding work areas were conducted to find any othe 
possible evidence. This ended in negative results. Guyton' s work area was secured as a crime scene. GUYTOf 
was given a medical examination and cleared for placement in Administrative Segregation. Guyton will receiv< 
a CDC Rule Violation Report Log # 09-99-C-05, CCR 3006, Specific Act: Possession of Unauthorizec 
Material. No other staff or inmate injuries incurred nor any property damaged as a result of this incident. Thij 
matter will be referred to the Tuolumne County District Attorney's Office for possible criminal prosecution.- /| 
total 3.0 hours of overtime was incurred as a result of this incident. 



-^jXT- CJ ( &si djLsruzsL. Fov Vt^ CoCirt rttac 



NAME / TTTLE^SIGNATURE OF REPORTING STAFF 
J.CODROMAC LIEUTENANT (A) 



AUTHORIZED SIGNATURE / TITLE (INSTITUTION USE) 
W. F HEISE, Associate Warden. Central Division 



BADGE /LD.# 
A -34892 




SERVICE (INSTITUTION USE) 
YEARS 1 1 MONTHS 



ITT ^/C 



j^m 



DATE 

09/05/99 
DATE 

09/05/99 



CRIME / INCIDENT REPORT 
PART B - INVOLVED PARTIES 



CL>C837-B(11791) 



PAGE 



OF 



INSTITUTION / FACILITY 

SIERRA CONSERVATION TENTER 



NAME (LAST. FIRST. MI) 
GUYTON, DOUGLAS ALLEN 



DATE INCIDENT 

SEPT 05. 1999 



TIME INCIDENT 
0800 HOURS 

SEX 

M 



INCIDENT LOG NUMBER 
SCC-COP-99-09-0133 

ETHNICITY CLASS SCORE 
BLK 04 



□ VICTIM 
XSUSPECT 

□ WITNESS 



CDC NUMBER 
H-84870 



DATERECDBYCDC 



07/31/96 



cn# 
A08538970 BG 



DATE RECD BY INST. 



10/01/96 



FBI# 
394573HA5 



SSN# 
374-82-4144 



ANTICIPATED RELEASE DATE 



09/05/99 



DATE OF BIRTH 
06/06/64 



PV-RTC? 

X YES NO 



HOUSING ASSIGNMENT 

CA-05- 04 



COMMrrMENT OFFENSES (OPTIONAL) 



NA 



COUNTY OF COMMITMENT 
SAN DIEGO 



DESCRIPTION OF INJURIES 



NA 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 
NONE 



CHECK ALL THAT APPLY 

D HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED N A 



LOCATION OF HOSPITAL / TREATMENT 
NA 



NAME (LAST. FIRST. MI) 



SEX ETHNICITY 



CLASS SCORE 



CHECK ONE 

□ VICTIM 
D SUSPECT 

D WITNESS 



CDC NUMBER 



DATERECDBYCDC 



CII# 



DATE RECD BY INST. 



FBI# 



SSN# 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC? 
YES NO 



HOUSING ASSIGNMENT 



COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 

D HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST, FIRST. MI) 
SCOTT . E. 



TITLE 

CORR. OFFICER 



SEX 
M 



ETHNICITY 
WHITE 



REGULAR DAYS OFF 
T/W 



CHECK ONE 

□ VICTIM 
D SUSPECT 

X WITNESS 



CHECK ONE 

X STAFF 
□ VISITOR 

POTHER: 



BADGE /ID# 
47103 



POST ASSIGNMENT 
R&R 2405 



ID NUMBER 
P-37980 



DESCRIPTION OF INJURIES 
N/A 



CHECK ALL THAT APPLY 

D HOSPrTAUZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED NA 



LOCATION OF HOSPITAL / TREATMENT 
N/A 



NAME (LAST. FIRST. MI) 
MANN D.T. 



TITLE 
CORR-OFFICER 



SEX 

M 



ETHNICITY 
BLK 



REGULAR DAYS OFF 
SVM 



CHECK ONE 

□ VICTIM 

□ SUSPECT 



X WITNESS 



CHECK ONE 
X STAFF 

D VISITOR 



POTHER: 



BADGE /ID# 
47031 



POST ASSIGNMENT 
3704 G-DORM 



ID NUMBER 
P-04468 



DESCRIPTION OF INJURIES 



NA 



CHECK ALL THAT APPLY 

D HOSPrTAUZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST. FIRST. MI) 
FROHREICH J. 



TITLE 
CORR-OFFICER 



SEX 
M 



ETHNICITY 
WHT 



REGULAR DAYS OFF 
S/S 



CHECK ONE 
D VICTIM 

□ SUSPECT 
X WITNESS 



CHECK ONE 
X STAFF 

□ VISITOR 

□ OTHER: 



BADGE IXD* 
44462 



POST ASSIGNMENT 
ISU 



ID NUMBER 
P-52919 



DESCRIPTION OF INJURIES 



NA 



CHECK ALL THAT APPLY 

D HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED N/A 



LOCATION OF HOSPITAL / TREATMENT 
N/A 



CRIME / INCIDENT REPORT 
PART B - INVOLVED PARTIES 



CDC S37-B( 11/91) 



PAGE 4 



OF 4 



iNsrmmoN / facility 
SIF.ARRA CONSFRVA' 



DATE INCIDENT 
SEPT. 05.1999 



TIME INCIDENT 
0800 HOURS 



INCIDENT LOG NUMBER 
SCC-COPS-99-09-0133 



rjKSHfiafesareesgtoMEwa^ 



NAME (LAST. FIRST. MI) 



SEX 



ETHNICITY 



CLASS SCORE 



D VICTIM 
D SUSPECT 
D WITNESS 



CDC NUMBER 



DATERECDBYCDC 



CH# 



DATE RECD BY INST. 



FBI# 



SSN# 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC? 
YES 



NO 



HOUSING ASSIGNMENT 



r 



COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 

D HOSPrTALTZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED N/A 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST. FIRST. MI) 



SEX 



ETHNICITY 



CLASS SCORE 11! 



! 



CHECK ONE 

□ VICTIM 
D SUSPECT 

D WITNESS 



CDC NUMBER 



DATE RECD BY CDC 



CU# 



DATE RECD BY INST. 



FBI# 



SSN# 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC? 
YES NO 



HOUSING ASSIGNMENT 



COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 

D HOSPrTAI f7Fp D TREATED AND RELEASED D REFUSED TREATMENT O DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



^^^S^S^S^S^^^^m^^^^^W^mS^^EEmiSUORSmTBEBM 






NAME (LAST. FIRST. MI) 
COVELLO. P. A. 



TITLE 
LT. 



SEX 
M 



ETHNICITY 
WHT 



REGULAR DAYS OFF 
M/T 



CHECK ONE 

□ VICTIM 
D SUSPECT 

x witness 



CHECK ONE 

X STAFF 
□ VISITOR 

POTHER: 



BADGE/ ID# 
3310 



POST ASSIGNMENT 
CAL REL LT. 



ID NUMBER 



DESCRIPTION OF INJURIES 



NA 



CHECK ALL THAT APPLY 

D HOSPITALIZED □ TREATED AND RELEASED D REFUSED TREATMENT D DECEASED NA 



LOCATION OF HOSPITAL / TREATMENT 
NA 



NAME (LAST. FIRST. MI) 



TITLE 



SEX ETHNICITY 



REGULAR DAYS OFF 



CHECK ONE 

□ VICTIM 

□ SUSPECT 



□ WITNESS 



CHECK ONE 

□ STAFF 

□ VISITOR 



□ OTHER: 



BADGE /ID# 



POST ASSIGNMENT 



ID NUMBER 



DESCRIPTION OF INJURIES 



CHECK ALL THAT APPLY 

D HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST. FIRST, MI) 



TITLE 



SEX ETHNICITY 



REGULAR DAYS OFF 



CHECK ONE 
D VICTIM 

□ SUSPECT 

□ WITNESS 



CHECK ONE 

□ STAFF 

□ VISITOR 

D OTHER: 



BADGE/ID* 



POST ASSIGNMENT 



ID NUMBER 



DESCRIPTION OF INJURIES 



CHECK ALL THAT APPLY 

□ HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED N/A 



LOCATION OF HOSPITAL / TREATMENT 
N/A 



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■OC 115 (7/88) 



--.-.^^j^.-^.,.,.^ 



STATE OF CALIFORNIA 

RULES VIOLATION REPORT - PART C 



DEPARTMENT OF CORRECT 
PAGE OF 



COC NUMBER 

H-84870 


INMATE'S NAME 

GUYTON 


LOG NUMBER 

09-99-C-05 


INSTITUTION 
S.C.C. 


TOOArSDATE 
09-05-99 


H SUPPLEMENTAL 


C3 CONTINUATION OF: [7^} 115 CIRCUMSTANCES | | HEARING | | IE REPORT 


|~l OTHEf 


I 













REC 

3i 

■tpl 

Jfc 



:h;; 



numbers, dates of birth and addresses (see original evidence contained on post-it notes pla 
in evidence). The following are the names I discovered in GUYTON's possession, Sergeant 
Quaglia, Lieutenant E. Cullum, Sergeant D. Connant, Sergeant D. Wedel, Sergeant R. Ram 
Lieutenant M. Fox, Officer D. Coke, W. Cook, K. Stocker, N. Luna, D. Romaine, L. Schnedb 
and W. Waters. 

I contacted Lieutenant Codromac (A), Second Watch Commander who instructed me to search 
of GUYTON' s property, confiscate all contraband and author a report. Upon completion of 
instructions, I proceeded to the investigative service unit where I processed the contrab 
into evidence. I placed the computer disk, hard copy of the contents of the disk, soc 
security card, outgoing mail and Officer's personal information in a large manila envel 
with a completed evidence card attached and surrendered the evidence to the S.C.C. evide 
Officer. Subsequently, GUYTON was denied parole, and rehoused in Administrative Segregate 
Twenty- seven (27) typed pages (the hard copy of the contents of the disk) are attached 
this CDC-m5. 

INMATE GUYTON IS NOT A PARTICIPANT IN THE MENTAL HEALTH DELIVERY PROGRAM AT THE OCCMS LET 
OF TREATMENT. 

INMATE GUYTON IS AWARE OF THIS REPORT. 



SIGNATURE OF WR 



COPY OF COC 1 15-C GIVEN TO INMATE 




. SCOTT, O0RRECTI0NAL OFFICER 



GIVEN BY: (Staffs Signature) 



DATE SIGNED 



DATE SIGNED 



TIME SIGNED 



CDC 115-C (5/95) 



as .1 



RECORD TYPE '.;. . 

D CORRECTION -D COURT INmATED ' 



^Sfc DISPOSITION CF ARR^T AND COURT-ACTION 



□ FINGERPRINTED' TfTYPE OF 
FORDOJ 



EVENT D ARREST D CITATION D LETTER/NOTICE TO APPEAR D COURT ORDERED BOOKING 



A. LAW ENFORCEMENT INFORMATION 

NAME (LAST. FIRST. MDOLE) 



RACE 'HGT I DOB ! AGE ARRESTING AGENCY 



FP CARD/OCA NO. 



Cll NO. 



AoV&frno 3& 



SEX 



ARREST DATE 



/^-^<r-f^ 



CHARGE 1 (SECTION. CODE) 



CHARGE 3 (SECTION. CODE) 



BOOKlNG/CrTE NO. 



BOOKING AGENCY 



rtEE_ 



cpc 



CHARGE 2 (SECTION, CODE) 



CHARGE 4 (SECTION. CODE) 



_□££_ 



CRIME REPORT NO. 
SCC-- COpS'%1 



FBI NO. 



S.S. NO. 



M I 



IN-COUNTY WARR. NO. 



DJ_NO. 



REMARKS 



A MS70A 



REASON FOR RELEASE 
849(b)(1) PC 

D COMPL.REFUSES TO PROS. 

□ ARRESTEE EXONERATED 

□ FURTHER INVEST. 

□ ADMISS.EVID.INSUFF. 

□ ASCERT.EVID.INSUFF. 



RELEASED DATE 



OUT-OF-COUNTY WARRANT INFORMATION 



WARRANT NO. 



□ 849(b)(2) PC 
D 849(b)(3) PC 

□ OTHER LAW ENFORCEMENT DISPOSmON 
(SPECIFY) ' 



MAJOR OFFENSE 



ISSUING AGENCY 



RELEASE DATE 



□ JUVENILE DISPOSmON 
(SPECIFY) 



□ RELEASED ON BAIL □ EXTRADmON PROCEEDINGS 

□ RELEASED/ENROUTE TO OTHER AGENCY/JURISDICTION 



(SPECIFY) 



:B. PROSECUTION 
INFORMATION 



DATE 



RFASON FOR REJECTION 



CHRG 1 



CHRG2 



CHRG3 CHRG4 



□ 



1203.2 PC - IN LIEU OF 
FILING 



(— I REFILED- ORIGINAL 
I— I CASE DISMISSED 



ORIG. court jud. 

DIST. NUMBER 



ORIG. COURT 
CASE NUMBER 



} 



C.COURT 

LOWER COURT 



DATE FILED 



PINAL" 
PLEA 



L.C. JUD. DIST. NO. 



FILE NO. 



CONSOLIDATED FILE NO. 



TYPE OF TRIAL 
□ COURT □ JURY 



CHRG 



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LEVEL 



FIRST 
PLEA 



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NG NG-I 



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DATE OF SENTENCE 



TRUE NAME 



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TERM 
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YEARS 



MONTHS 



STAYED INFORMATION 
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D CONC □ CONS 



□ SUSPENDED 



VWCASENO. 



REMARKS 



E. PROCEEDINGS 
SUSPENDED 

5aT£ 



D LC/SC BENCH WARRANT ISSUED □ LC/SC 3050 Wl - NARC. COMM 

D LC/SC DIVERSION □ LC/SC 1368/1370 PC- FOUND MENTALLY 

□ LC/SC 1026 PC - NOT GLTY. INSANE 



INCOMPETENT-COMMITTED 



□ SC 3051 Wl - NARC. COMM. 

□ SC 1203.03 PC -90 DAY OB. 

□ SC 707.2 Wl- 90 DAY 0B. 



JUS 8715 (REV. 6/88): Law Enforcement! Prosecution! Court Information 
COPIES: DOJ-Orange; FBI-Black; ARREST AGENCY -Navy; COURT-Green 



88 84741 



BTKSLRX COHSXKVATIOH C2BTXB. " "".".' -_—•*■ 

K * TUOLUMN2 COUNTY * 
JAXBSTOWN, CALIFORNIA 

NOTICE OT MIRANDA RIGHTS 

Inmate C=>(-/Y £ o / ^ ' HMBabe. T/ : /J > '/j70 . I wish to ask you some questio: 
because you are suspected of a criminal matter involving: s/?c/.4Q 

and it is my duty to inform you that: ~~~ ~~ 

1. You have the right to remain silent. 

2 . Anything you say can and will be used against you in a court of 
law. 

3. You have the right to consult an attorney, and to have an 
attorney present with you during questioning now or in the 
future. 

4. If you cannot afford to hire an attorney, one will be appointed^ 
for you at no charge. 

5. Do you understand each of these rights as I have explained thesii 
to you? t a „ J 

(response) 

6. Now that I have explained your rights, are ycu willing to make i 
statement without an attorney present? ,aq,\ ._ 

(Response) 



^O <SCZ> <9*-S--P? 



cr> 




(TIKE) (DATE) 



"a 1. I understand that I have each of these rights as explained abo* 

H Suspect's initials &fl G» . 

< 2. Having these rights in mind, I wish to waive then and I will 

answer questions and/or make a statement. Suspect's 
r. Initials >>fl£ - . 

^(SISNATfoz OF tfNMATE) (CDC NUMBER) (DATE) 
""Refer to Sued eaer.tal Reocrt authored bv dated 



I understand my rights as explained above, and choose to remain 
silent. 



(SIGNATURE OF INMATE) (CDC NUMBER) - - (DATE) 



WITNESSED BY 



JNATURE) NAME (PRINT) (DATE)^ (TELE 

. ... - ■ ; -.- "* . - ■ ■ 

I J Subject refused to" sign. __cc: Original Incident Pacfcf 

(STAFF SIGNATURE) Inmate Copy 



MEDICAL' REPORT OF INJURY OR UNUSUAL OCCURRENCE 



NAME OF HOSPITAL 



v££^ 



DATE 

9- S-99 



THIS SECTION 

FOR INMATE 

ONLY 



NUMBER 



HMS 76 



NAME (LAST 



FIRST) 

JL 



OLD HOUSING LOCATION 



NEW HOUSING LOCATION 



<DSW 



THIS SECTION 

FOR STAFF/ 

VISITOR ONLY 



NAME (LAST 



FIRST 



MIDDLE) 



SEX 



HOME ADDRESS 



CTTY 



AGE 



DOS (MCDAOTR.) 



OCCUPATION 



STATE 



ZIP 



HOME PHONE 



TWE OF OCCURRENCE 



08/5- 



PLACE OF OCCURRENCE 



TIME SEEN 



MOOE OF ARRIVAL 



BRIEF RESUME IN PATIENTS WORDS OF THE CIRCUMSTANCES OF THE INJURY OR UNUSUAL OCCURRENCE 



fjW 



7- 



NAME OF WITNESSES. SUMMARIES OF THEIR STORIES. INSOFAR AS AVAILABLE 



/ 



NURSE7MTAS HISTORY OF INJURY/OCCURRENCE ^>^ TT~ 



KNOWN ALLERGIES 


DATE OF LAST TETANUS 


VITAL SK5NS 
T: 


BP: 


P: 


R: 


TBUE MEDICAL OFFICER 
NOTIRED 


TTME MEDICAL OFFICER 
ARRIVED 



COMMENTS OF MEDICAL OFFICER 



DIAGNOSTIC IMPRESSION 



TREATMENT 



elUS 



DESCRIPTION OF SIGNIFICANT CLINICAL LABORATORY AND/OR ROENTGENOLOGIC FINDINGS 



: 



DISPOSITION 



/ll£6A+>*~6S & &A~+C"£[ 



ESTIMATED OR RECOMMENDED NUMBER OF DAYS IN "DISPOSITION* STATUS 



J PROGNOSIS 

2 



SIGNATURE OF RJHM.TA. 



SIGNATURE OF MEDICAL OFFICER 



'S' CDC T219 (Rev. 9/77) 




p{- 



c 

SAMPLE i 
SIERRA CONSERVATION CENTER 
Jamestown, California 

SUPERVISOR'S REQUEST FOR CLARIFICATION FORM 

TO: £ >S^c7~r 

(Reporting Employee) 

RE: 837-C Report dated ?-S~-ff , in reference to Incident Log # ^/33 

(Date of 837-C) 

Dated g^S^£g 



] 



] 

] 

•I 



(Date of Incident) 

Your 837-C report has been reviewed by this writer and needs to be clarified in the following area(s) and/or 
for the following reasons: 

I. Reason: 

ILLEGIBLE / INCOMPLETE / LACKS SUFFICIENT DETAIL / 

AND/OR IS IN SIGNIFICANT CONFLICT WITH ANOTHER REPORT(S) / (QTHER) ~~ 

(Supervisor to use one or more of the above as the reason) 

D. Detail: 

(Supervisor to explain in brief but sufficient detail what clarification/information is needed 
from the reporting employee. This must clearly reference one or more of the items listed in #1) 

m. 

The information requested must be provided on a supplemental 837-C form (attached) in a hand printed 
format It is due back to 

-J5j? 7~~ C<37) <££? /mr w WftidJrff&iCC by close of business -&& ?- f~f^? 

(Name/Rank/Work Location of Supervisors) (DATE: Must be within 48 hours of the request) 



Signature of Supervisor 



cc: M. Shipper 

Unit Operations 



Supplement to the Crime/Incident Report (CDC Form 837) 



Page: 1 



of 2 



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SCOTT, E 



47103 



SCC-COP-99-09-0133 



.Length of Service-" 



Post Description ~ 






IncidentTime 






Report D»te 



, ^a&aCg*^ si= Hj;- .srEvfc^ 2 



6 YEARS 



R&R 



0800 hours 



09-05-99 



RDO'j 



Doty Hoars 



Incident Location- 



T/W 



0730-1600 



and Release 



Description of Incident/Crime 






CCR Section/Rule 



Attempt to commit felony fraud 



Your Role 



Witnesses (preface S-Staff, V-Viaitor, O-Other) 



Inmates Involved (preface S-Suspectj V-Vjctim^ W-Witness) 



13 Primary 

Responder 

[J Witness 

□ Victim 

LJ Camera 



S LT. CODROMAC 



(s) GUYTON 



H84870 



Force Used by You ~. 

D Lethal 
[j Less Lethal 
[J Physical 
M None 



Less Lethal.^ 



□ 37mm 

□ Baton 

□ OC 
D Other: 



Xethal Weapons V~ 

D Mini-14 
J Shotgun 
F~1 Handgun 
D Other 



* r Number of Rounds Fired" 



n 
n 

D 



N/A 



Force Observed by Yon 

n Lethal 

] Less Lethal 

] Physical 
M None 



i Evidence Collected 

M Yes 
O No 



Evidence Description 






Disposition. ^ 



Weapon 



BIO Hazard 



NUMEROUS PAPERS WITH 
CONFIDENTIAL INFORMATION 



S.C.C EVIDENCE 
CHUTE 



Yes 

^No 



Yes 

M No 



Reporting Staff Injured ' 



4r 



Yes 
E) No 



Description of Injury - 



N/A 



Location 
Treated 



N/A 



SCTF 3301/3067 Completed^ 



Yes 

^No 



Narrative: 

On Sunday September 5, 1999, at approximately 0800 hours while processing Inmate Guyton H84870 ( scheduled 
to parole) handed to me one (1) brown paper bag which he was attempting to parole with as personal property. 
During a search of the contents I discovered the following: one ( 1) computer disk hidden in an envelope. Upon 
review of the disk it contained files of a CDC 954 form (for ordering items from vendors), a letter of interest for 
employment and numerous styles of resumes, (see hard copy and disk placed in evidence). 

One social security card assigned to Douglas alien Guyton #374-82-4144 

One (1) outgoing mail for another inmate ( addressed to penthouse for an inmate JOHNSON D83070) 

In addition to the above I discovered fifteen staff members names , some of which revealed social security 
numbers, dates of birth and addresses (see original evidence contained on post it notes placed into evidence). 
SGT. M QUAGLIA, LT.E. CULLUM, SGT. D. CONNANT, SGT. D. WEDEL, SGT. R. RAMOS, LT. M. FOX, 
C/O D. COKE,. W. COOK, K. STOCKER, N. LUNA D. ROMAINE, L. SCHNEDBER, W. WATERS. 



Reporting Staffs Signature 



Date,: 



^^^ 



"-'T-'?? 



Revlewar 's Signatu 




; Approved 




Clarification Needed 



Date 



(Print in ink or employees can personally type or complete this form on a computer) 
(At no time will this form be completed by anyone other than the reporting employee) 



ucparuncnt ol Lorrctuons 

Supplement to the Crime/Incident Report (CDC Form 837) 



Page: 2 of 2 



[ IjilSinif r.i-if N'.mr InifUl 



■a. ... a-. ,.!.-.*-. R«Hgr M -•■**** 



,r.~-n.~— - . - -TnfMfnfTitf^gWA--. i -i-=i*'--v^»?a<^^ 



1 SCOTT, E 



47103/P37980 



SCC-COP-99-09-0133 



| ^ Continuation of Report | . Additional Information 



I 1 Clarification-Request 



Narrative: 

I contacted Lt. Cordromac (A) 2 nd Watch Commander who instructed me to search all of Guyton's property and 
confiscate all contraband, and authored a report. 

Upon completion of my instructions I proceeded to the investigation service unit where I processed the contraband 
into evidence. I placed the disk hard copy of disk, social security card, out going mail and officers personal 
information in a large manila envelope with a completed evidence card attached and surrendered the evidence tc 
the S.C.C. evidence officer. 



Reporting Staffs Slgmtnre 






f^*jg £ 



Reviewer's Stgnaru 

Z33T 








sr 



Clarification Needed 



Date 



?-s"?r 



Date 



(PnnTin ink or employees can personally^ype or complete this form on a computer) 
(At no time will this form be completed by anyone other than the reporting employee) 



upplement to the Crime/Incident Report (CDC Form 837) 



Page: 1 



of 1 



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pOHREICH, JEFFERY S 


44462/P52919 


SCC-COP-99-09-0133 


cngth of Service '- -~z -' uf&. 


Post Description^** S-<i&--»' *& g&y ^a? 


?lhcIdcntaim^i^^i^^H^^-*^>---'-:-s:-^ 


Report Date- - : ^> --*ir; •-^■s5s=H~? i ^*iV53u- 1 


YEARS 


SECURITY SQUAD 


0800 hours 


09-05-99 


DO's ^^^ --^v :■*- 


' Duty Hours -&&'?'-.? ^fife: ;?/r ^;>„ VV.U* 


"Incident Lbcitibn^S^^73^S£:yi-v £ -~ "7. ■ 


.. ■ . " '-.::: : ;' :-.■■ T ^:^-.:t- ^-■--'■^,K&;3~Sf. % rj& 


l/S/H 


0730-1600 


Receiving and Release 



escription of Incident/Crime ■■~i£gz^?j±£r!$& r --7=^^i&'---^i 


*'...■ rrt.-.^ »¥>>-. iJ?i- J -; t - lh ^ r -_ , v ., ,ju ■.'.:. ^jjKTgagJg 


,^4j^: v ,~^ 


CCR Section/Rult ^^5?iH^v r r ^-'-^ 


attempt to commit felony fraud 




our Role r -'' ■-- . - = -. -^ *iF;r*S-- 


-Witnesses (preface S-SUfT, V-Visitor, 0-0ther)= ■■^-^i*. 


Inmiteslnvolved (preface S-Suspect, V-Victim, W-Witness) =& 


] Primary 
3 Responder 
I] Witness 
] Victim 
J Camera 


(s) LT D. Covello 




(s) GUYTON 


H84870 


orceUsed by You --■\..:.,::*r-V 


; Less Lethal ^V**^ 7 -i'v-iX- 


Lethal Weaponsrv,^^^^ 


Number of Rounds Fired ri 


Force Observed by You v w^-r 1 


J Lethal 
U Less Lethal 
] Physical 
3 None 


1 1 37mm 
□ Baton 

J oc 

G Other: 


U Mini-14 
1 Shotgun 
U Handgun 
□ Other 


D 
□ 
□ 

Hn/a 


Q Lethal 
] Less Lethal 
] Physical 

13 None 



ridence Collected 



'3 Yes 
] No 



Evidence Description 



Disposition 



Weapon^ 



BIO Hazard 




(1) audio tape of interview of Inmate 
GUYTON H84870 



SCC Evidence chute 



Yes 



sporting Staff Injured 



J Yes 
3 No 



■^:-i- 






Description of Injurv^^^p^ri,^ 

» . ■_ -.■A;>-T '■-" 7 ^" : ,--1- «"V Jfrl i ^P:!'k*- M .-.-'_-J..r^>---t^£?' 



Location =-%. 
Treated^ ;Sif. 



SCIF 330 1/3067 Completed ^'^if 



N/A 



N/A 



Yes 

iNo 



arrative: 



)n Sunday September 5, 1999, at approximately 1040 hours, I J.S. Frohreich, Security Squad Officer, asisted by 
ieutenant D. A. Covello, conducted an interview with Inmate GUYTON, H84870, regarding the names, social 
ecurity numbers, date of birth, and addresses of Sierra Conservation Center, (SCC), staff, that were discovered in 
is property. GUYTON was read his rights pursuant to Miranda. GUYTON acknowledged understanding his 
ights and chose to waive his rights and made the following stratements; GUYTON Stated that he was assigned as 
le In Service Training Clerk since October of 1998. GUYTON said that during the course of his duties he had 
ccess to SCC staffs names, social security numbers, addresses and dates of birth. GUYTON stated that he wrote | 
lis information on small yellow "Stick-um" notes and placed them in his pocket and brought them through the 
>ack gate on his way back to the yard. GUYTON stated that he placed the information in letters in his locker in 
xder to escape detection. GUYTON said that his intent at the time that he took this information was to 
raudulently fill out credit card applications, for personal gain, if he got into financial difficulty on the street 
ollowing his parole. GUYTON stated that he never told anyone else that he had this information or did he ever 
how this information to anyone else. It should be noted that GUYTON volunteered this information under 
Miranda without promise of favor or coercion. 



epbrting Staff's Stfl naftire 






rt'r.r^P^T-: 



^Date'-l:"*,;* 




9^S~-?2 



Clarification Needed 



Date 



.i;^i->i 



1-^°! 



t in ink or employees can personally type or complete this form on a computer) 
(At no time will this form be completed by anyone other than the reporting employee) 



Supplement to the Crime/Incident Report (CDC Form 837) 



Page: 1 



of 1 



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COVELLO, D. A. 



3310 



SCC-COP-99-09-0133 



l.e n>;lh of Seoice 



'• Po*t Description .-..:- ■'-. -' -~ - 



'Incident Time -■' ' : >^'.' vl-.ii-' : ", . 



' Report Datc^a^--. k ^^ri^c ■ -r^.-^. -y r - 



I? 



21 YEARS 



CALAVERAS LT. 



0800 hours 



09-05-99 



RDO'i 



Duty Hours \ '-> «-:."• »•-'•■ .'"VS-risai: 



Incident Location ^*n^- r »^-'^?c*s^- ; sX,. 



■-'■^-.^■JfH^iiigf^li-- 



S/S/H 



0730-1600 



Receiving and Release 



Description of Incident/Crime " ■■■^ '■ - 



.'ll.:..^ it? il*m- 



--. ■-■-:-'-.- -. y -^'.^?^Ag< COt Section/Ruie^a^g^v^a^ j^ 



Attempt to commit felony fraud 



Bj 



Your Role 



Witnesses (prcfice S-StifT, V- Visitor, O-Other) 



« ;i&" 



Inmates Involved (preface S^uspecg.V-Victini, W-Witneas) 



Primary 

uQ Responder 

I Witness 

I Victim 

J Camera 



(s) C/O FROHRZICH 



(s) GUYTON 



H84870 



Force Used by You 



n Lethal 
] Less Lethal 
] Physical 

[X] None 



Less Lethal Hrr.-- 

□ 37mm 

] Baton 

] OC 

] Other: 



Lethal Weapons <- 

□ Mini-14 

I I Shotgun 
l] Handgun 

□ Other 



Nnmberof Rounds Fired;- 



U 

D 
D 



Force Observed.byYonl 



□ Lethal 
[~1 Less Lethal 
i~1 Physical 
M None 



N/A 




Evidence Description 



-.! sl t Disposition 



Weapon 



BIO Hazard 



N/A 



N/A 



Yes 

SNo 



Q Yes 



Reportiog SufT Injured •:. ~_, i-ija* ^ : - r 



>£ 



Description ^rinjury_^j 



Lo&tionVY^ 
Treated?^ 



SCIF 3301/3067 Completed "-" 



-^::>^;jv!t/ 



Yes 

^No 



N/A 



N/A 



Yes 



SI No 



Nimtive: 



On Sunday September 5, 1999, at approximately 1040 hours, I, Lieutenant D. A. Covello, assisted J.S. Frohreicl 
Security Squad Officer in conducting an interview with Inmate GUYTON, H84870, regarding the names, socis 
security numbers, date of birth, and addresses of Sierra Conservation Center, (SCC), staf£ that were discovered i 
his property. GUYTON was read his rights pursuant to Miranda. GUYTON acknowledged understanding hi 
rights and chose to waive his rights. SEE TRANSCRIPTS OF TAPE RECORDED CONFESSION Ol 
INMATE GUYTON H84870 AS AN ATTACHMENT TO INCIDENT PACKAGE SCC-COP-99-09-0133. 



. 



Reporarog Stiff's Signature -l>-S?.r^r-^^^2l^-v^:-%-5;ft':tf>-:y^"-'v -T .:>.--gt;-s- >->-^ 



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c>W4tU' ">aP~ 



Date" 



^fPrint in ink or employees can personally type or complete this form on a computer) 
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apartment of Corrections 

applexnent to the Crime/Incident Report (CDC Form 837) 



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01/06/1994 14:50 



2099844872 



SCCACCOUNTING: 



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i> 



Douglas Guyton 
1437 Northwood Dr. 
Inkster, Mi. 48141 
(3 13). 563-0019 (H) 

Objective : Accounting Representative 

Professional Experience 

State of California 
Department of Corrections 



2, 1996 to Present 



Position : Accounting Clerk 



PetCo. 



Warehouse 



Duties: To order monthly and weekly supplies 
for a 100 person facility and conduct monthly 
inventory of existing supplies in order to have an 
accurate accounting of supplies used. Use of a 
computer to accurately fill out spreadsheets and to 
post a balance or loss reading to the monthly ledgers. 
Responsibilities also included accounts receivable 
andaccounts payable also including reimbursement of 
employees for travel and timekeeping for payroll and 
overtime purposes. Salary: per diem 

4, 1994 to 9, 1994 

Duties: To pull and pick and pack orders. To operate 
a computer terminal in order to accurately place store 
orders in correct location.Responsibilities also 
included operation of a forklift and pallet jack to load 
trailers on the warehouse dock and some shipping 
and receiving. Salary: 1,632 mo. 



Education: 



Palomar College 

Bldg 1503 Camp Pendleton 

Oceanside, Ca. 

Degree/Achievement: 

Certificate of Completion 



1985 to 1986 



Douglas Guyton 
1437 Northwood Dr. 
Inkster, Mi. 48141 
(3 U) 563-0019 (H) 

Objective Shipping Clerk 

Professional Experience 

State of California 
Department of Corrections 

Position : Accounting Clerk 



2, 1996 to Present 



Duties: To order monthly and weekly 
supplies for a 100 person facility and conduct 
monthly inventory of existing supplies in order to 
have an accurate accounting of supplies used. Use of 
a computer to accurately fill out spreadsheets and to 
post a balance or loss reading to the monthly ledgers. 
Responsibilities also included accounts receivable and 
accounts payable also including reimbursement of 
employees for travel and timekeeping for payroll and 
overtime purposes. Salary: per diem 



PetCo. 



Position: Warehouse 



4, 1994 to 9, 1994 

Duties: To pull and pick and pack orders. To 
operate a computer terminal in order to accurately 
place store orders in correct location. 
Responsibilities also included operation of a forklift 
and pallet jack to load trailers on the warehouse dock 
and some shipping and receiving. Salary: 1,632 mo. 



Education: 



Palomar College 

Bldg 1503 Camp Pendleton 

Oceanside, Ca. 



1985 to 1986 



Degree/ A chievement: 

Certificate of Completion 



Douglas Guyton 
1437 Northwood Dr. 
Inkster, Mi. 48141 
(313) 563-0019 (H) 



Objective : Customer Service Representative 



Professional Experience 

State of California 
Department of Corrections 

Position : Accounting Clerk 



2, 1996 to Present 



Duties: To order monthly and weekly 
supplies for a 100 person facility and conduct 
monthly inventory of existing supplies in order to 
have an accurate accounting of supplies used. Use of 
a computer to accurately fill out spreadsheets and to 
post a balance or loss reading to the monthly ledgers. 
Responsibilities also included accounts receivable and 
accounts payable also including reimbursement of 
employees for travel and timekeeping for payroll and 
overtime purposes. Salary: p er diem 



PetCo. 



Position: Warehouse 



4, 1994 to 9, 1994 

Duties: To pull and pick and pack orders. To 
operate a computer terminal in order to accurately 
place store orders in correct location. 
Responsibilities also included operation of a forklift 
and pallet jack to load trailers on the warehouse dock 
and some shipping and receiving. Salary: 1,632 mo. 



Education: 



Palomar College 

Bldg 1503 Camp Pendleton 

Oceanside, Ca. 

Degree/Achievement: 

Certificate of Completion 



1985 to 1986 



Douglas Guyton 
1437 Northwood Dr. 
Inkster, Mi. 48141 
1-313-563-0019 



September5. 1999 August 17. 1999 



Dear Sir or Madam, 

I am interested in working as a Account Representative for your organization. I am 
a Accounting Clerk with over 2 years of experience to offer you. I enclose my 
resume as a first step in exploring the possibilities of employment with Science 
Applications International Corporation. 

My most recent experience was ordering and inventory control for a state agency. I 
was responsible for the filing of records and the overall ordering and accounting of 
the facility, including payroll. In addition, I was responsible for data entry, 
spreadsheets and for incorporating an improved system for payroll accountability and 
general clerical duties. 

As an Account Representative with your organization, I would bring a focus on 
quality and attention to detail to your accounting department. Furthermore, I work 
well with others. And I am experienced in Windows and MS Office applications. 

I will be available for employment after September 15, 1999. 

My salary requirements are negotiable. I would appreciate your keeping this inquiry 
confidential. I will contact you after September 10, 1999 to arrange an interview at 
a time convenient for you. Thank you for your consideration. 



Sincerely, 



Douglas Guyton 









/ 




Douglas Guyton 



Objective : 

Professional Experience 

State of California 
Department of Corrections 

Position : Accounting Clerk 



PetCo. 



Position: Warehouse 



2, 1996 to Present 



Duties: To order monthly and weekly 
supplies for a 100 person facility and 
conduct monthly inventory of existing 
supplies in order to have an accurate 
accounting of supplies used. Use of a 
computer to accurately fill out spreadsheets 
and to post a balance or loss reading to the 
monthly ledgers. Responsibilities also 
included accounts receivable and accounts 
payroll and payroll accountability for 
overtime purposes. 
Salary: per diem 

4, 1994 to 9, 1994 

Duties: To pull and pick and pack orders. To 
operate a computer terminal in order to 
accurately place store orders in correct 
location. Responsibilities also included 
operation of a forklift and pallet jack to load 
trailers on the warehouse dock and some 
shipping and receiving. Salary: 1,632 mo. 



Education: 



Palomar College 

Bldg 1503 Camp Pendleton 

Oceanside, Ca. 

Degree/ r A chievement: 

Certificate of Completion 



1985 to 1986 



Douglas Guyton 
1437NorthwoodDr. 
Inkster, Mi. 48141 
(313)563-0019 

Objective : Computer Help Desk Support 



Professional Experience 

State of California 
Department of Corrections 

Position : Accounting Clerk 



PetCo. 



Position: Warehouse 



2, 1996 to Present 



Duties: To order monthly and weekly 
supplies for a 100 person facility and 
conduct monthly inventory of existing 
supplies in order to have an accurate 
accounting of supplies used. Use of a 
computer to accurately fill out spreadsheets 
and to post a balance or loss reading to the 
monthly ledgers. Responsibilities also 
included accounts receivable and accounts 
payable also including reimbursement of 
employees for travel and timekeeping for 
payroll and overtime purposes. 
Salary: per diem 

4, 1994 to 9, 1994 

Duties'. To pull and pick and pack orders. To 
operate a computer terminal in order to 
accurately place store orders in correct 
location. Responsibilities also included 
operation of a forklift and pallet jack to load 
trailers on the warehouse dock and some 
shipping and receiving. Salary: 1,632 mo. 



Education: 



Palomar College 

Bldg 1503 Camp Pendleton 

Oceanside, Ca. 

Degree/Achievement: 

Certificate of Completion 



1985 to 1986 



Douglas Guyton H-84870 
P.O. Box 617 
Jamestown, Ca. 95327 
05^04L 

August 12, 1999 

Department of Corrections 
Chula Vista Parole Unit #1 
Chula Vista, Ca. 91910 
Attn: Unit Supervisor 

Dear Sir or Madam, 

Currently I am incarcerated at Sierra Conservation Center, Jamestown. I am 
corresponding with you today in the hopes that you may be able to answer to some 
questions that I have about obtaining a bank draft from P&CSD. On or about 
July 12, 1999, 1 forwarded a letter to the Regional Parole Office in Diamond Bar to 
the Regional Administrator requesting that I be allowed to obtain a bank draft for 
the following reason. To this date I have not received a response to my letter to the 
Regional Office. 

That upon my release on September 5, 1999 that I will be attending a full time 
vocational course at either University of San Diego (USD) or University of 
California at San Diego (UCSD). The class schedule would be for 8 hours a day for 
five days a week and would preclude me from being able to work at a full time job 
and continue my education at the same time. The courses that I would be taking are 
Computer Science and Computer Programming. 

Also in the correspondence with the Regional Administrator I indicated that due to 
unforeseen circumstances that my parole address would like be changing from 721 
12th st. Apt.#10, Imperial Beach, Ca. to an unspecified location in south county. The 
amount of funds requested was for ($2,000) Two thousand dollars which would 
allow me to have affordable housing ( 1 bedroom apt. or studio to include first,last 
and security deposit) and to pay for food, electric and additional clothing for two to 
three months until part time employment becomes possible. 

Could you please respond to this correspondence as soon as possible so that I can 
adjust my parole plans accordingly. Thank you for your time and attention to this 
matter. If you have any questions I can be reached between the hours of 0730-1530 
at (209) 984-5291 ext, 5463 and after 1600 at (209) 984-5291 ext5252 

Sincerely, 
Douglas Guyton 



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Douglas Guyton 
1437 Northwood Dr. 
Inkster, Mi. 48141 
(313)563-0019 



September 5, 1999 

Corporate Recruiter 

12688 High Bluff Dr. Suite 300 

San Diego, Ca. 92130 

Dear Sir or Madam, 
NewGen Results Corporation 

I am interested in working as a Computer Help Desk Representative for your organization. I am a 
computer operator with over 3 years of experience to offer you. I enclose my resume as a first step in 
exploring the possibilities of employment with NewGen Results Corporation. 

My most recent experience was in general clerical duties for a state agency. I was responsible for the 
filing of records and interfacing with employees and the installation of computers and computer related 
peripheral equipment. 

As a Computer Help Desk Representative with your organization, I would bring a focus on quality and 
professional demeanor to your help desk department. Furthermore, I work well with others. And I am 
experienced in Windows and MS Office applications. 

I am willing to relocate and will be available for employment after September 15, 1999. 

My salary requirements are negotiable. I would appreciate your keeping this inquiry confidential. I 
will contact you after September 10, 1999 to arrange an interview at a time convenient for you. Thank 
you for your consideration. 



Sincerely, 
Douglas Guyton 



Douglas Guyton 
1437 Northwood Dr. 
Inkster, Mi. 48141 
1-313-563-0019 



September 5, 1999 

Atena Inc. 

1 5 1 Farmington Ave. 

Hartford, Ct. 06156-3400 

Attn: Human Resourc'es-Req#99-0003 1 825/San 

Dear Sir or Madam, 



I am interested in working as a Customer Service Representative for your organization. I am a 
computer operator with over 3 years of experience to offer you. I enclose my resume as a first step in 
exploring the possibilities of employment with Atena Inc. 

My most recent experience was in general clerical duties for a state agency. I was responsible for the 
filing of records and interfacing with employees and the installation of computers and computer related 
peripheral equipment. 

As a Customer Service Representative with your organization, I would bring a focus on quality and 
professional demeanor to your help desk department. Furthermore, I work well with others. And I am 
experienced in Windows and MS Office applications. 

I am willing to relocate and will be available for employment after September 15, 1999. 

My salary requirements are negotiable. I would appreciate your keeping this inquiry confidential. I 
will contact you after September 10, 1999 to arrange an interview at a time convenient for you. Thank 
you for your consideration. 



Sincerely, 



Douglas Guyton 






Douglas Guyton 
1437 Northwood Dr. 
Inkster, Mi. 48141 
1-313-563-0019 



September5, 1999 



The San Diego Union Tribune 

P.O. Box 120191 

San Diego, Ca. 92112 

Attn: Human Resources Department 

Dear Sir or Madam, 

I am interested in working as a Computer Help Desk Support representative for your organization. I 
am a computer operator with over 3 years of experience to offer you. I enclose my resume as a first 
step in exploring the possibilities of employment with the San Diego Union Tribune. 

My most recent experience was in general clerical duties for a state agency. I was responsible for the 
filing of records and interfacing with employees and the installation of computers and computer related 
peripheral equipment. 

As a Computer Help Desk Support Representative with your organization, I would bring a focus on 
quality and professional demeanor to your help desk department. Furthermore, I work well with 
others. And I am experienced in Windows and MS Office applications. 

I will be available for employment after September 15, 1999. 

My salary requirements are negotiable. I would appreciate your keeping this inquiry confidential. I 
will contact you after September 10, 1999 to arrange an interview at a time convenient for you. Thank 
you for your consideration. 



Sincerely, 



Douglas Guyton 



Douglas Guyton 
1437NorthwoodDr. 
Inkster, Mi. 48141 
1-313-563-0019 



September5, 1999 



The San Diego Union Tribune 

P.O. Box 120191 

San Diego, Ca. 92112 

Attn: Human Resources Department 

Dear Sir or Madam, 

I am interested in working as an Account Representative for your organization. I am a Accounting 
Clerk with over 2 years of experience to offer you. I enclose my resume as a first step in exploring the 
possibilities of employment with the San Diego Union Tribune. 

My most recent experience was ordering and inventory control for a state agency. I was responsible 
for the filing of records and the overall ordering and accounting of the facility, including payroll. In 
addition, I was responsible for data entry, spreadsheets and for incorporating an improved system for 
payroll accountability. 

As an Account Representative with your organization, I would bring a focus on quality and attention 
to detail to your accounting department. Furthermore, I work well with others. And I am experienced 
in Windows and MS Office applications. 

I will be available for employment after September 15, 1999. 

My salary requirements are negotiable. I would appreciate your keeping this inquiry confidential. I 
will contact you after September 10, 1999 to arrange an interview at a time convenient for you. Thank 
you for your consideration. 



Sincerely, 



Douglas Guyton 



Douglas Guyton 
1437NorthwoodDr. 
Inkster, Mi. 48141 
1-313-563-0019 



September 5, 1999 

The San Diego County Office 

of Education 

6401 Linda Vista Road 

San Diego, Ca. 92111 

Attn: Human Resources Department 

Dear Sir or Madam, 

I am interested in working as a Account Representative for your organization. I am a Accounting 
Clerk with over 2 years of experience to offer you. I enclose my resume as a first step in exploring the 
possibilities of employment with the San Diego County Office of Education 

My most recent experience was ordering and inventory control for a state agency. I was responsible 
for the filing of records and the overall ordering and accounting of the facility, including payroll. In 
addition, I was responsible for data entry, spreadsheets and for incorporating an improved system for 
payroll accountability. 

As an Account Representative with your organization, I would bring a focus on quality and attention 
to detail to your accounting department. Furthermore, I work well with others. And I am experienced 
in Windows and MS Office applications. 

I will be available for employment after September 15, 1999. 

My salary requirements are negotiable. I would appreciate your keeping this inquiry confidential. I 
will contact you after September 10, 1999 to arrange an interview at a time convenient for you. Thank 
you for your consideration. 



Sincerely, 



Douglas Guyton 



Douglas Guyton 
1437 Northwood Dr. 
lnkster, Mi. 48141 
1-313-563-0019 



September 5, 1999 

Taiyo Yuden Corporation 

2580 Pioneer Ave. 

Vista, Ca. 92083 

Attn: Human Resources Department 

Dear Sir or Madam, 

I am interested in working as a Account Representative for your organization. I am a Accounting 
Clerk with over 2 years of experience to offer you. I enclose my resume as a first step in exploring the 
possibilities of employment with the Taiyo Yuden Corporation. 

My most recent experience was ordering and inventory control for a state agency. I was responsible 
for the filing of records and the overall ordering and accounting of the facility, including payroll. In 
addition, I was responsible for data entry, spreadsheets and for incorporating an improved system for 
payroll accountability. 

As an Account Representative with your organization, I would bring a focus on quality and attention 
to detail to your accounting department. Furthermore, I work well with others. And I am experienced 
in Windows and MS Office applications. 

I am willing to relocate and will be available for employment after September 15, 1999. 

My salary requirements are negotiable. I would appreciate your keeping this inquiry confidential. I 
will contact you after September 10, 1999 to arrange an interview at a time convenient for you. Thank 
you for your consideration. 



Sincerely, 



Douglas Guyton 






Douglas Guyton 
1437 Northwood Dr. 
Inkster, Mi. 48141 
1-313-563-0019 



September5, 1999 



Howard Leight Industries 

7828 Waterville Road 

San Diego, Ca. 92173 

Attn: Human Resources Department 

Dear Sir or Madam, 

I am interested in working as a Account Representative for your organization. I am a Accounting 
Clerk with over 2 years of experience to offer you. I enclose my resume as a first step in exploring the 
possibilities of employment with Howard Leight Industries. 

My most recent experience was ordering and inventory control for a state agency. I was responsible 
for the filing of records and the overall ordering and accounting of the facility, including payroll. In 
addition, I was responsible for data entry, spreadsheets and for incorporating an improved system for 
payroll accountability. 

As an Account Representative with your organization, I would bring a focus on quality and attention 
to detail to your accounting department. Furthermore, I work well with others. And I am experienced 
in Windows and MS Office applications. 

I am willing to relocate and will be available for employment after September 15, 1999. 

My salary requirements are negotiable. I would appreciate your keeping this inquiry confidential. I 
will contact you after September 10, 1999 to arrange an interview at a time convenient for you. Thank 
you for your consideration. 



Sincerely, 



Douglas Guyton 



Douglas Guyton 
1437 Northwood Dr. 
Inkster, Mi. 48141 
1-313-563-0019 



September 5, 1999 



Kendal/Florexpo 

1964 Kellog Ave 

Carlsbad, Ca. 92008 

Attn: Human Resources Department 

Dear Sir or Madam, 

I am interested in working as a Account Representative for your organization. I am a Accounting 
Clerk with over 2 years of experience to offer you. I enclose my resume as a first step in exploring the 
possibilities of employment with Kendal/Florexpo. 

My most recent experience was ordering and inventory control for a state agency. I was responsible 
for the filing of records and the overall ordering and accounting of the facility, including payroll. In 
addition, I was responsible for data entry, spreadsheets and for incorporating an improved system for 
payroll accountability. 

As an Account Representative with your organization, I would bring a focus on quality and attention 
to detail to your accounting department. Furthermore, I work well with others. And I am experienced 
in Windows and MS Office applications. 

I am willing to relocate and will be available for employment after September 15, 1999. 

My salary requirements are negotiable. I would appreciate your keeping this inquiry confidential. I 
will contact you after September 10, 1999 to arrange an interview at a time convenient for you. Thank 
you for your consideration. 



Sincerely, 



Douglas Guyton 



Douglas Guyton 
1437NorthwoodDr. 
Inkster, Mi. 48141 
1-313-563-0019 



September 5, 1999 

Konica Computer Solutions 
7710KenanmarCt. 
San Diego, Ca. 92121 
Attn: Dave 

Dear Dave, 

I am interested in working as a Shipping Clerk for your organization. I am a computer operator with 
over 2 years of experience to offer you. I enclose my resume as a first step in exploring the 
possibilities of employment with Konica Computer Solutions. 

My most recent experience was ordering and inventory control for a state agency. I was responsible 
for the filing of records and the overall ordering and accounting of the facility, including payroll. In 
addition, I was responsible for data entry, shipping of packages, spreadsheets and for incorporating an 
improved system for payroll accountability. 

As an Shipping Clerk with your organization, I would bring a focus on quality and attention to detail 
to your Shipping Department. Furthermore, I work well with others. And I am experienced in 
Windows and MS Office applications. 

I am willing to relocate and will be available for employment after September 15, 1999. 

I would appreciate your keeping this inquiry confidential. I will contact you after September 10, 1999 
to arrange an interview at a time convenient for you. Thank you for your consideration. 



Sincerely, 



Douglas Guyton 



Douglas Guyton 
1437NorthwoodDr. 
Inkster, Mi. 48141 
1-313-563-0019 



Septembers, 1999 

FoodMaker Inc. 

9330 Balboa Ave. 

San Diego, Ca. 92123 

Attn: Human Resources Department 

Dear Sir or Madam, 

I am interested in working as a Account Representative for your organization. I am a Accounting 
Clerk with over 2 years of experience to offer you. I enclose my resume as a first step in exploring the 
possibilities of employment with FoodMaker Inc. 

My most recent experience was ordering and inventory control for a state agency. I was responsible 
for the filing of records and the overall ordering and accounting of the facility, including payroll. In 
addition, I was responsible for data entry, spreadsheets and for incorporating an improved system for 
payroll accountability. 

As an Account Representative with your organization, I would bring a focus on quality and attention 
to detail to your accounting department. Furthermore, I work well with others. And I am experienced 
in Windows and MS Office applications. 

I am willing to relocate and will be available for employment after September 15, 1999. 

My salary requirements are negotiable. I would appreciate your keeping this inquiry confidential. I will 
contact you after September 10, 1999 to arrange an interview at a time convenient for you. Thank 
you for your consideration. 



Sincerely, 



Douglas Guyton 



Douglas Guyton 
1437 Northwood Dr. 
Inkster, Mi. 48141 
1-313-563-0019 



September 5, 1999 



Mallinckrodt Inc. 

2200 Faraday Ave. 

Carlsbad, Ca. 92008 

Attn: Human Resources Department 

Dear Sir or Madam, 

I am interested in working as a Shipping Clerk for your organization. I am a computer operator with 
over 2 years of experience to offer you. I enclose my resume as a first step in exploring the 
possibilities of employment with Mallinckrodt Inc. 

My most recent experience was ordering and inventory control for a state agency. I was responsible 
for the filing of records and the overall ordering and accounting of the facility, including payroll. In 
addition, I was responsible for data entry, shipping of packages/mail, spreadsheets and for 
incorporating an improved system for payroll accountability. 

As an Shipping Clerk with your organization, I would bring a focus on quality and attention to detail 
to your Shipping Department. Furthermore, I work well with others. And I am experienced in 
Windows and MS Office applications. 

I am willing to relocate will be available for employment after September 15, 1999. 

I would appreciate your keeping this inquiry confidential. I will contact you after September 10, 1999 
to arrange an interview at a time convenient for you. Thank you for your consideration. 



Sincerely, 



Douglas Guyton 



Douglas Guyton 
1437 Northwood Dr. 
Inkstcr, Mi. 48141 
1-313-563-0019 



September 5, 1999 



Hitachi Transport System 

1790 Dornoch Ct. 

San Diego, Ca. 92154 

Attn: Gina Lupian or Linda Crocket 

Dear Madam, 

I am interested in working as a Shipping Clerk for your organization. I am a computer operator with 
over 3 years of experience to offer you. I enclose my resume as a first step in exploring the 
possibilities of employment with Hitachi Transport System. 

My most recent experience was ordering and inventory control for a state agency. I was responsible 
for the filing of records and the overall ordering and accounting of the facility, including payroll. In 
addition, I was responsible for data entry, shipping of packages/mail, spreadsheets and for 
incorporating an improved system for payroll accountability. 

As an Shipping Clerk with your organization, I would bring a focus on quality and attention to detail 
to your Shipping Department. Furthermore, I work well with others. And I am experienced in 
Windows and MS Office applications. 

I will be available for employment after September 15, 1999. 

Salary is negotiable. I would appreciate your keeping this inquiry confidential. 

I will contact you after September 10, 1999 to arrange an interview at a time convenient for you. 

Thank you for your consideration. 



Sincerely, 
Douglas Guyton 



Douglas Guyton 
1437 Northwood Dr. 
Inkster, Mi. 48141 
(313) 563-0019 (H) 



Objective : Acounting Representative 



Professional Experience 

State of California 
Department of Corrections 

Position : Accounting Clerk 

facility 

order to have 

accurately 

the monthly 

accounts 

and 



2, 1996 to Present 



Duties: To order monthly and weekly supplies for a 100 person 
and conduct and monthly inventory of existing supplies in 
an accurate accounting of supplies used. Use of a computer to 
fill out spreadsheets and to post a balance or loss reading to 
ledgers. Responsibilities also included accounts receivable and 
payable also including reimbursement of employees for travel 
timekeeping for payroll and overtime purposes. 
Salary: per diem 



PetCo. 

Warehouse 
computer 
location, 
jack to 
receiving. 

Education: 



4, 1994 to 9, 1994 

Duties: To pull and pick and pack orders. To operate a 
terminal inorder to accurately place store orders in correct 
Responsibilities also included operation of a forklift and pallet 
load trailers on the warehouse dock and some shipping and 
Salary: 1,632 mo. 



Palomar College 

Bldg 1503 Camp Pendleton 

Oceanside, Ca. 

Degree/ A enlevement: 

Certificate of Completion 



1985 to 1986 



Douglas Guyton 
1437 Northwood Dr. 
Inkster, Mi. 48141 
(313) 563-0019 (H) 



Objective : Shipping Clerk 



Professional Experience 

State of California 
Department of Corrections 

Position : Accounting Clerk 



2, 1996 to Present 



Duties: To order monthly and weekly supplies for a 100 person 
facility and conduct monthly inventory of existing supplies 
in order to have an accurate accounting of supplies used. Use 
of a computer to accurately fill out spreadsheets and to post a 
balance or loss reading to the monthly ledgers. Responsibilities 
also included accounts receivable and accounts payable also 
including reimbursement of employees for travel and 
timekeeping for payroll and overtime purposes. 
Salary: per diem 



PetCo. 



Position: Warehouse 



4, 1994 to 9, 1994 

Duties: To pull and pick and pack orders. To operate a 
computer terminal inorder to accurately place store orders in 
correct location. Responsibilities also included operation of a 
forklift and pallet jack to load trailers on the warehouse dock 
and some shipping and receiving. Salary: 1,632 mo. 



Education: 



Palomar College 

Bldg 1503 Camp Pendleton 

Oceanside, Ca. 

Degree/ A chievement: 

Certificate of Completion 



1985 to 1986 



Douglas Guyton 
1437 Northwood Dr. 
Inkster, Mi. 48141 
(313) 563-0019 (H) 



Objective : Customer Service Representative 
Professional Experience 



State of California 
Department of Corrections 

Position : Accounting Clerk 



2, 1996 to Present 



Duties: To order monthly and weekly supplies for a 100 person 
facility and conduct monthly inventory of existing supplies in 
order to have an accurate accounting of supplies used. Use of 
a computer to accurately fill out spreadsheets and to post a 
balance or loss reading to the monthly ledgers. Responsibilities 
also included accounts receivable and accounts payable also 
including reimbursement of employees for travel and 
timekeeping for payroll and overtime purposes. 
Salary: per diem 



PetCo. 



Position: Warehouse 



Education: 

Palomar College 

Bldg 1503 Camp Pendleton 

Oceanside, Ca. 

Degree/ f A enlevement: 

Certificate of Completion 



4, 1994 to 9, 1994 

Duties:To pull and pick and pack orders. To operate a 
computer terminal inorder to accurately place store orders in 
correct location. Responsibilities also included operation of a 
forklift and pallet jack to load trailers on the warehouse dock 
and some shipping and receiving. Salary: 1,632 mo. 



1985 to 1986 



Douglas Guyton 
1437NorthwoodDr. 
Inkster, Mi. 48141 
1-313-563-0019 



September5, 1999 



Dear Sir or Madam, 

I am interested in working as a Account Representative for your organization. I am a Accounting 
Clerk with over 2 years of experience to offer you. I enclose my resume as a first step in exploring the 
possibilities of employment with Science Applications International Corporation. 

My most recent experience was ordering and inventory control for a state agency. I was responsible 
for the filing of records and the overall ordering and accounting of the facility, including payroll. In 
addition, I was responsible for data entry, spreadsheets and for incorporating an improved system for 
payroll accountability. 

As an Account Representative with your organization, I would bring a focus on quality and attention 
to detail to your accounting department. Furthermore, I work well with others. And I am experienced 
in Windows and MS Office applications. 

I am willing to relocate and will be available for employment after September 15, 1999. 

My salary requirements are negotiable. I would appreciate your keeping this inquiry confidential. I will 
contact you after September 10, 1999 to arrange an interview at a time convenient for you. Thank 
you for your consideration. 



Sincerely, 



Douglas Guyton 






Douglas Guyton 



Objective : 



Professional Experience 

State of California 
Department of Corrections 

Position : Accounting Clerk 



2, 1996 to Present 



Duties: To order monthly and weekly supplies for a 100 person 
facility and conduct monthly inventory of existing supplies in 
order to have an accurate accounting of supplies used. Use of 
a computer to accurately fill out spreadsheets and to post a 
balance or less reading to the monthly ledgers. Responsibilities 
also included accounts receivable and accounts payable also 
including reimbursement of employees for travel and 
timekeeping for payroll and overtime purposes. 
Salary: per diem 



PetCo. 

Position: Warehouse 



Education: 

Palomar College 

Bldg 1503 Camp Pendleton 

Oceanside, Ca. 

Degree/ A chievement: 

Certificate of Completion 



4, 1994 to 9, 1994 

Duties: To pull and pick and pack orders. To operate a 
computer terminal inorder to accurately place store orders in 
correct location. Responsibilities also included operation of a 
forklift and pallet jack to load trailers on the warehouse dock 
and some shipping and receiving. Salary: 1,632 mo. 



1985 to 1986 



1NTKA0FFICE REQUISITION 
































(LOCAL) 

CVC 954 (4*3) 


AGENCY BILLING CODE 
17020 


OONTRACXTDELECATION NO. 


1 

PAGE 1 


> 


S SIERRA CONSERVATION CENTER 

H PO. BOX 497 

I 5100 OBYRNES FERRY RD 


B SIERRA CONSERVATION CENTER 

I P.O. BOX 497 

L 5100 OB YRNES FERRY RD 

L JAMESTOWN, CA 95327 

T 
O 


DATE PREPARED (MM/DLVYY): 
9/5/99 




P JAMESTOWN. CA 95327 

T 
O 


AGENCY ORDER NO. 




T0: [7 \) 

v «Vendor» N 


ORDERING DEPARTMENT/UNIT 

41/IN-SERVICE TRAINING 




"**" «Addrws» 


OPTIONAL 




Jjj** «Ciry»«State» «Postalcode» 

mioi 


FISCAL YEAR 

1998/99 


QUARTER 

4th 




HOLY ^ ^/J 


FUND TITLE 

GENERAL 




DATE WANTED 


VENDOR NUMBER 


SIZE OF BUSINESS 


ETHNIC/GENDER 


PCACODE 


OBJECT CODE 


CLRIIHU7? ff YES. BY WHOM 
D TES NO 


l_J MBC L_J WBE L_J DVBE 

NUMBER: 


TERMS 


FOB 
DESTINATION 




rrtM 


QUANTITY 


UNIT 


MN NO. 


description 


ESTIMATED COST 


NO 


PER UNIT TOTAL 


1 


12 


EA 


7510 


HP DESKJET, PRINTER CARTRIDGE 
HPC1823A color cartridge #225-221 


24.79 


297.52 






















• 




















\ 














i 
1 












































































































Subtotal 


297.52 














TAX 


21.57 




1 TOTAL $ 

X OPERATING EXPENSES EQUIPMENT I I SAM SECTION 3571.1 


319.00 




APPROVED 


I HEREBY CERTIFY on my own personal knowledge that the articl 
or services requested hereon are nacessary for use in my department 




K. PROSPER 


SIGNATURE 

I. Torres, Lieutenant 




TTTLX 

CHIEF DEPUTY WARDEN 


DATE 


TITLE 

1ST MANAGER 


TELEPHONE NUMBER 

ext. 5463 





^taieor California 



Date: Septembers, 1999 
To: J. Codromac 

Watch Commander 
From: Sierra Conservation Center, Jamestown 95327 
Subject: Notification of Staff regaling inmate Guyten H8487& 



As of 1110 hours I 
regarding the above 



Murray C/O 

Fox Lt. 

Ramos Sgt. 

Connant Sgt. 
' WedehSgfc- 

Schnedden Educ. 

Cook-Medteaf 

Semsen Sgt. 
■Goke-e/Q-- 

Luna N. 

Lun a M. — 

Stocker Medical 
. Romine Dental - 

Quaglia Sgt. 

Gutftfm-ttr • 

Waters Ser.Sta. 



in^^! y J^ taCte H t ° r ' eft meSSageS "»■ the be,ow «** staff 
incident. The^r names and 4*mes contacted are as follows: 

1030 hours Ce«. f*cr*J '<* *0 k^s 



Message left on machine 
Message left with wife 
Contacted pefsonatfy 
Contacted personally 
Message left on-maehtne- 
Contacted personally 
Ne-fecord of curr e nt phone 
Message left on machine 
Contacted petsenatty 
Pf>one listed disconnected 
Phone listed drscunnected 
Contacted husband personally 
-Message left with son- 
Message left with wife 
Contacted p ersonally 
Phone listed disconnected 



1030 hours 
1-120 hours 
1030 hours 
tWhotjfs 
1056 hours 

1035 hours 
1038 hours 



returned call 
retired 3/01799 



1050 hours 
1055 hours c*aen> 
1042- hours 
1045-hpurs 



&v*.ks 



***Hw*^.fa rtw <p J e 8(to ^^ extensJon 532g ^^ ^ 



TM. Hatler 






STA IF OF CALIFORNIA 

I'PART A - COVER SHEET 


DEJ 

PAGE 


>ARTME 


NT OF CORRECTIONS 

OF 10 


CDC*t>- A (11/91) 




INCIDENT LOG NUMBER 
SCC-COP-99-09-0150 


INSTfTUTlON / FACILITY 

sec 


INCIDENT SITE / LOCATION 
DDL 


DATE INCIDENT 
09-24-99 


TTME INCIDENT 
0800 


1 


SPECIFIC CRIME / INCIDENT 
IDL WORKSITE SEARCH 


DA. REFERRAL 

riYEs mno 


SECTION / CODE / RULE NUMBER 


Y 1 SERT ACTIVATED? 1 jq 1 NEGOTIATION TEAM ACTIVATED? 1 XJ | MUTUAL AID REQUESTED7 1 >J 1 MEDIA NOTIFIED? 
__J (ENTERYORN | | (ENTERYORN) | 1 (ENTERYORN) | (ENTERYORN) 


DEATH 


CAUSE FDi 


ASSAULT /BATTERY 


TYPE OF ASSAULT / BATTERY 






STAFF 

VISITOR 

INMATE 




HOMICIDE 
SUICIDE 
ACCIDENTAL 
NATURAL 




ON STAFF 
ON VISITOR 
ON INMATE 
OTHER: 




BEATING 
SHOOTING 
STABBING 
SPEARING 




STRANGLING 












SLASHING 












SEXUAL 














OTHER: 


N/A 




N/A 




N/A 




POISONING N/A 


SERIOUS INJURY 


INMATE WEAPONS 


SHOTS 






STAFF 

VISITOR 

INMATE 




FIREARM 

KNIFE 

SPEAR 

EXPLOSIVE 

PROJECTILE 




STABBING INSTRUMENT 
HANDS /FEET 
CLUB /BLUDGEON 
CAUSTIC SUBSTANCE 
OTHER: 




YES ]NO 
1BER 




38CAL 










NUh 


MINIM 










FIRED 


H&K94 








ESCAPES 




SHOTGUN 


1 ACCIDENTAL 








WITH FORCE 
WITHOUT FORCE 
ATTEMPTED 




37 MM 


1 ATTEMPTED 




SLASHING INSTRUMENT 




TASER 


SUICIDE 




COMMERCIAL 




N/A 




PR 24 




j OTHER N/A 






INMATE MANUFACTURED 






OTHER: N/A 


SUSPECTED CONTROLLED 
SUBSTANCE 


LOCKDOWNS YES 


EXCEPTIONAL ACTTVITY 





HEROIN / OPIATES 

COCAINE 

MARIJUANA 

AMPHETAMINE 

BARBITURATE 

LSD 

PCP 

METHAMPHETAMINE 

OTHER: 


YES ~|NO 

IF YES, LIST AFFECTED 
PROGRAMS BELOW; 
EDUCATION, VOCATION, 
AND RECREATION 




MAJOR DISTURBANCE 
INMATE STRIKE 
PUBLIC DEMONSTRATION 
INMATE DEMONSTRATION 
NATURAL DISASTER 
ENVIRONMENTAL HAZARD 




EMPLOYEE JOB ACTION 






MAJOR POWER OUTAGE 






EXPLOSION 






FIRE 






HOSTAGE 






GANG INVOLVED 




SPECIAL INTEREST INMATE 
WEATHER 




OTHER: . N/A 








N/A 




DES 


JCRIPTION OF CRIME / 1 


NCJDENT: 











Through an on-going investigation, information was received that there was a possibility of explosive material that was being kept on 
institutional grounds in the Inmate Day Labor area. Additional information obtained was that some of the inmates assigned to the IDL 
crew were involved in using drugs. M. C. Kramer, Warden, was briefed about the information received, and on Friday, September 24, 
1999, he ordered the institution to be locked down and searched. The focus of the search was DDL areas, the assigned housing and 
lockers of inmates assigned to DDL. Unclothed body searches were performed, and urine samples were obtained from all IDL inmates. 
At approximately 0800 hours, several teams were assembled and searches of the identified areas and inmate began. During the search 
of the IDL area, several Cad weld tubes were found in an unsecured office trailer. These "Cad welds" contained various metals and 
are used to weld large diameter cooper wire together, through extreme heat, generated by burning these metals. These Cad welds 
require secure, limited access, and dry storage. The institution's Hazardous Materials Specialist, Gary Stephens, Fire Chief, was 
summoned to the area to evaluate these welding materials as to the degree of hazard. Chief Stephens took possession of the "Cad 
welds", inventoried them and stored them in a locked concrete building. The Cad welds will be issued to DDL staff as needed pending 
IDL obtaining an appropriate storage container and inventory system. 



' CHECK HERE B 7 DESCRIPTION IS CONTINUED ON PART C 



NAME / TITLE / SIGNATURE OF REPORTING STAFF 
_R BIRD. CORRECTIONAL LIEUTENANT 



fP<f^-J) 



BADGE / LD.# 
2407 



AUTOORIZEDSIGNATUP^/TnT^(rNSTrrUTIONUSE) / 
_W. F. HEISE, ASSOCIATE WARDEN. CENTRAL DIVISION ^>^ . 



SERVICE (INSTITUTION USE) 
YEARS 27 MONTHS 10 



DATE 
9/27/99 



A<J 



DATE 
9/27/99 



STATE OF CALIFORNIA 

CRIME / INCIDENT REPORT 
PART C - SUPPLEMENT 



DEPARTMENT OF CORRECTIOh 



10 



PAGE 



OF 



CDC 837 -C (11/91) 






INCIDENT LOG NUMBER 
SCC-COP-99-09-0150 




INSTITUTION / FACILITY 

sec 


INCIDENT SITE / LOCATION 
IDL WORK SITE SEARCH 


DATE INCIDENT 

09/24/99 


TIME INCIDENT 
0800 


TYPE OF INFORMATION 
| X | CONTINUING DESCRIPTIO] 










^ OF INCIDENT (PART A) 


SUPPLEMENTAL INFORMATION 




CLOSURE REPORT 


NARRATIVE 



In another office trailer, a search of IDL staffs' desks and surrounding areas was conducted. During this search, several tools and 
scissors were found in the drawers. These items were not on an inventory or color-coded as required. Other items found within the 
trailer unsecured were; several cans of flammable sprays, (paint solvents and silicone), vehicle keys, pad locks and keys, computer 
disks and a whistle. 

On the window sill near the disk of IDL Supervisor, Keith Ramos, was a blank Folger Adams key. All items found were 
photographed. ISU staff took possession of the blank key. The other items were left with IDL staff. IDL staff was instructed to 
comply with tool inventory procedures, and to secure all flammable sprays. 

While searching other buildings on the IDL work site, an inmate-manufactured weight room was discovered Pouring cement in 
molds fashioned from PVC pipe made the weights. The weight bar and weight bench was constructed from metal iron and steel. Thi 
weights and bench were manufactured from state supplies, purchased for construction of the sewer plant All the contraband weights 
and equipment was removed from the building by the search teams and secured in a fenced storage yard. Other items of concern 
found in the IDL area were unsecured personal clothing, small amounts of gasoline and diesel fuel (unsecured), plot plans, a pad lock 
and key, which was found in an inmate jacket pocket All items were secured or removed from the area. 

This concluded the search of the IDL work site. IDL returned to full operation on Monday, September 27, 1999, with the stipulation 
to correct all tool and hazardous materials control issues, and to ensure inmates are not allowed in the office trailers until additional 
security controls are in place. 

The 4 1 inmates assigned to the IDL crew were ordered to submit urine samples for testing, they all complied. All urine samples were 
field-tested using the "On Track Roche Cup Persumptive Urinalysis Test The urine samples obtained by Officer FC Day from Inmat 
FOSTER, J-40761, tested positive for methamphetamine. The urine sample obtained by Officer K. Day from Inmate WOOLEN, P- 
22985, tested positive for marijuana. Both inmates were removed from their assignment pending the results of the toxicology report 
from the laboratory. 

During the search of the lockers and housing areas of the inmates assigned to DDL, no significant contraband was found. The 
institution returned to "normal program" at approximately 1600 hours. 

There were not staff or inmate injuries as a result of this incident. Five staff worked a combined total of nine hours of overtime. 

You will be appraised of further developments regarding this case as they occur. 



NAME / TITLE / SIGNATURE OF REPORTING STAFF 



(Pf£-*P 



R. BIRD. CORRECTIONAL LIEUTENANT 
AUTHORIZED SIGNATURE / TITLE (INSTnUTION USE) 

W. F. HEISE, ASSOCIATE WARDEN. CENTRAL DIVISION 



BADGE /LDJ 
2407 



SERVICE (INSTrrUTION USE) 
YEARS 27 MONTHS 10 



UT? ^ ^=Lc_^-~ 



DATE 
9/24/99 



DATE 
9/24/99 



, STATE OF CALIFORNIA 

CRIME / INCIDENT REPORT 
PART B - INVOLVED PARTIES 

CDC 837-B(l 1/91) 



DEPARTMENT OF CORRECTIONS 



PAGE 



OF 10 



INSTITUTION / FACILITY 

SIERRA CONSERVATION CENTER 



DATE INCIDENT 
9/24/99 



TIME INCIDENT 
0800 



INCIDENT LOG NUMBER 
SCCf-COP-99-09-0150 



. NAME (LAST, FIRST. MI) 
FOSTER. OSCAR 


SEX 

M 


ETHNICITY 
BLACK 


CLASS SCORE 



CHECK ONE 

D VICTIM 


CDC NUMBER 
J-40761 


CTJJ 

A08936500 


FBW 

710375WA8 


SSN# 
553-43-9492 


, PV-RTC? 

X YES NO 


X SUSPECT 
□ WITNESS 


DATE REC'D BY CDC 

12/13/94 


DATE REC'D BY INST. 

08/27/98 


ANTICIPATED RELEASE DATE 

05/07/01 


DATE OF BIRTH 

02/11/67 


HOUSINO ASSIGNMENT 

0605 


COMMITMENT OFFENSES (OPTIONAL) 

CORPORAL INJURY TO SPOUSE (NON-CONTROLLING ROB. W/WEAPON* 


COUNTY OF COMMITMENT 
SACRAMENTO 


DESCRIPTION OF INJURIES 
NONE 


PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 
NONE NOTED 


CHECK ALL THAT APPLY 

D HOSPITALIZED □ TREATED AND RELEASED D REFUSED TREATMENT □ DECEASED 


LOCATION OF HOSPITAL / TREATMENT 


NAME (LAST, FIRST, MI) 
WOOLEN. JOAOUIN 


SEX 
M 


ETHNICITY 
HISPANIC 


CLASS SCORE 
19 


CHECK ONE 

D VICTIM 


CDC NUMBER 
P-22985 


cn# 
A07404569 


FBW 
672030MA6 


SSN# 
565-55-1414 


PV-RTC? 

YES XNO 


X SUSPECT 
□ WITNESS 


DATE REC'D BY CDC 

12/22/98 


DATE REC'D BY INST. 

02/16/99 


ANTICIPATED RELEASE DATE 

06/27/00 


DATE OF BIRTH 

02/20/65 


HOUSINO ASSIGNMENT 

3806 


COMMITMENT OFFENSES (OPTIONAL) 

POSSESSION OF CONTROLLED SUBSTANCE FOR SALE 


COUNTY OF COMMITMENT 
LOS ANGELES 


DESCRIPTION OF INJURIES 
NONE 


PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 
NONE NOTED 


CHECK ALL THAT i 
□ HOSPITALIZED C 


\PPLY 

] TREATED AND RELEASE 


D D REFUSED TREATMEN 


r □ DECEASED 


LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST, FIRST, MI) 


TITLE 


SEX 


ETHNICITY 1 REGULAR DAYS OFF 


MILLS. R.E. 


CORR. SERGEANT 


M 


WHITE 1 S/S/H 


CHECK ONE 


CHECK ONE 


BADGE /ID# 


POST ASSIGNMENT 


ID NUMBER 


□ VICTIM 


□ STAFF 

□ VISITOR 


12177 


ISU 


P37802 


□ SUSPECT 


DESCRIPTION OF INJURIES 




^WITNESS 


D OTHER: 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


□ HOSPITALIZED □ TREATED AND RELEASED D REFUSED TREATMENT □ DECEASED 




NAME (LAST, FIRST, MI) 


TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


KIRKLAND, R.L. 


CORR. SERGEANT 


M 


WHITE 


S/S/H 


CHECK ONE 


CHECK ONE 


BADGE /ID# 


POST ASSIGNMENT 


ID NUMBER 


□ VICTIM 


□ STAFF 

□ VISITOR 


31127 


ISU 


P44864 


□ SUSPECT 


DESCRIPTION OF INJURIES 




' WITNESS 


□ OTHER: 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


D HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 




NAME (LAST, FIRST, MI) 


TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


LAY, S.C. 


CORR. OFFICER 


M 


WHITE 


S/S/H 


CHECK ONE 


CHECK ONE 


BADGE /ID* 


POST ASSIGNMENT 


ID NUMBER 


□ VICTIM 


□ STAFF 

□ VISITOR 


31129 


ISU 


P37870 


D SUSPECT 


DESCRIPTION OF INJURIES 




X WITNESS 


D OTHER: 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


HOSPITALIZED □ TREATED AND RELEASED D REFUSED TREATMENT □ DECEASED 





SI ATE OF CALIFORNIA 

CRIME / INCIDENT REPORT 

TART B - INVOLVED PARTIES 
CDC B74H n/91) 



DEPARTMENT OF CORRECTION.' 

i 1 



PAGE 



OF 10 



iNSTmmoN / FACiLrrY 

SIFRRACONSERVAT 

NAME (LAST. FIRST. Ml) 



DATE INCIDENT 
9/24/99 



TIME INCIDENT 
0800 



INCIDENT LOG NUMBER 
SCPCOP-99-09-0150 



SEX ETHNICITY 



CLASS SCORE 



CHECK ONE 
D VICTIM 
□ SUSPECT 
D WITNESS 



CDC NUMBER 



DATE RECD BY CDC 



CI1* 



DATE RECD BY INST. 



FBI* 



SSN# 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC? 
YES 



NO 



HOUSINO ASSIGNMENT 



COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 

D HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST. FIRST, MI) 



SEX 



ETHNICITY 



CLASS SCORE 



CHECK ONE 

□ VICTIM 

□ SUSPECT 
D WITNESS 



CDC NUMBER 



DATE REC'D BY CDC 



CO* 



DATE REC'D BY INST. 



FBI* 



SSN# 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC? 
YES NO 



HOUSING ASSIGNMENT 



COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 

D HOSPITALIZED D TREATED AND RELEASED □ REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST. FIRST. MT) 

CURTIS. J. S. 


TITLE 

CORR OFFICER 


SEX 
F 


ETHNICITY 
WHITE 


REGULAR DAYS OFF | 
S/S/H 


CHECK ONE 
□ VICTIM 


CHECK ONE 

□ STAFF 

□ VISITOR 

D OTHER: 


BADGE l\D» 
42911 


POST ASSIGNMENT 

ISU 


©NUMBER 
P04457 




□ SUSPECT 
• WITNESS 


DESCRIPTION OF INJURIES 




CHECK ALL THAT APPLY 

□ HOSPITALIZED D TREATED AND RELEASED □ REFUSED TREATMENT D DECEASED 


LOCATION OF HOSPITAL / TREATMENT 




NAME (LAST, FIRST, MI) 
FROHREICH,J.S. 


TITLE 

CORR. OFFICER 


SEX 
M 


ETHNICITY 
WHITE 


REGULAR DAYS OFF 
S/S/H 




CHECK ONE 
□ VICTIM 


CHECK ONE 

□ STAFF 

□ VISITOR 

OOTHER: 


BADGE /ID# 
44462 


POST ASSIGNMENT 
ISU 


ID NUMBER 
P52919 




□ SUSPECT 
• WITNESS 


DESCRIPTION OF INJURIES 




CHECK ALL THAT APPLY 

D HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 


LOCATION OF HOSPITAL / TREATMENT 




NAME (LAST, FIRST, MT) 
PETREY. KX. 


TITLE 

CORR. SERGEANT 


SEX 
M 


ETHNICITY 
WHITE 


REGULAR DAYS OFF 
W/T 




CHECK ONE 
D VICTIM 


CHECK ONE 

□ STAFF 

□ VISITOR 

D OTHER; 


BADGE /ID# 
13518 


POST ASSIGNMENT 
SERT 


ID NUMBER 
P37997 




D SUSPECT 
• WITNESS 


DESCRIPTION OF INJURIES 




CHECK ALL THAT APPLY 

□ HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 


LOCATION OF HOSPITAL / TREATMENT 



; STATE OF CALIFORNIA 

CRIME / INCIDENT REPORT 
PART B - INVOLVED PARTIES 

CDC 837-B(l 1/91) 




DEPARTMENT OF CORRECTIONS 

i 1 

PAGE 5 OF 10 


INSTITUTION / FACILITY 

SIERRA CONSERVATION CENTER 


DATE INCIDENT 
9/24/99 


TIME INCIDENT 
0800 


INCIDENT LOG NUMBER 
SCC-COP-99-09-0150 



NAME (LAST, FIRST. MI) 


SEX 


ETHNICITY 

< 


CLASS SCORE 


CHECK ONE 
□ VICTIM 

D SUSPECT 
D WITNESS 


CDC NUMBER 


cn# 


FBI* 


SSN# 


PV-RTC7 

YES NO 


DATEREC'DBYCDC 


DATE REC'D BY INST. 


ANTICIPATED RELEASE DATE 


DATE OF BIRTH 


HOUSING ASSIGNMENT 


COMMITMENT OFFENSES (OPTIONAL) 


COUNTY OF COMMITMENT 


DESCRIPTION OF INJURIES 


PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 


CHECK ALL THAT APPLY 

□ HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 


LOCATION OF HOSPITAL / TREATMENT 


NAME (LAST, FIRST. MI) 


SEX 


ETHNICITY 


CLASS SCORE 


CHECK ONE 
□ VICTIM 


CDC NUMBER 


CDJ 


FBI* 


SSNf 


PV-RTC? 
YES NO 


□ SUSPECT 

□ WITNESS 


DATEREC'DBYCDC 


DATE REC'D BY INST. 


ANTICIPATED RELEASE DATE 


DATE OF BIRTH 


HOUSING ASSIGNMENT 


COMMITMENT OFFENSES (OPTIONAL) 


COUNTY OF COMMITMENT 


DESCRIPTION OF INJURIES 


PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 


CHECK ALL THAT i 

□ hospitalized C 


\PPLY 

] TREATED AND RELEASE 


D □ REFUSED TREATMEN 


r □ DECEASED 


LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST, FIRST, MI) 


TITLE 


SEX 


ETHNICITY REGULAR DAYS OFF 


CALHOUN. K.D. 


CORR. SERGEANT 


M 


WHITE 1 T/F 


CHECK ONE 


CHECK ONE 


BADGE /ID# 


POST ASSIGNMENT 


ID NUMBER 


; D VICTIM 


□ STAFF 

□ VISITOR 


30856 


SERT 


P37857 


□ SUSPECT 


DESCRIPTION OF INJURIES 




'WITNESS 


D OTHER; 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


□ HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 




NAME (LAST. FIRST. MI) 


TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


PEREZ, DR. 


CORR. SERGEANT 


M 


WHITE 


S/S 


CHECK ONE 


CHECK ONE 


BADGE /JD# 


POST ASSIGNMENT 


ID NUMBER 


D VICTIM 
□ SUSPECT 


D STAFF 
□ VISITOR 


34078 


SERT 


P04476 


DESCRIPTION OF INJURIES 




' WITNESS 


DOTHER: 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


D HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 




NAME (LAST, FIRST, MI) 


TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


CANUTT, F.D. 


CORR. LT. 


M 


WHITE 


S/S/H 


CHECK ONE 


CHECK ONE 


BADGE /ID# 


POST ASSIGNMENT 


ID NUMBER 


D VICTIM 


□ STAFF 

□ VISITOR 


31698 


SERT 


P21190 


D SUSPECT 


DESCRIPTION OF INJURIES 




'WITNESS 


DOTHER: 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


D HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 





STATE OF CALIFORNIA 

CRIME / INCIDENT REPORT 
PART B - INVOLVED PARTIES 

CDC 837-B(l 1/91) 



DEPARTMENT OF CORRECTIONS ! 



PAGE 



OF 10 



INSTITUTION / FACILITY 
MERRA^)NSERVAT 

NAME (LAST. FIRST. MI) 



DATE INCIDENT 
9/24/99 



TIME INCIDENT 
0800 



SEX 



ETHNICITY 



INCIDENT LOO NUMBER 
SCC-COP-99JJ9JJ150 

CLASS SCORE 



CHICK ONE 

D VICTIM 
□ SUSPECT 
D WITNESS 



CDC NUMBER 



DATE RECD BY CDC 



CIM 



DATE RECD BY INST. 



FBI* 



SSN# 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC? 
YES 



NO 



HOUSING ASSIGNMENT 



COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 

D HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST. FIRST. MI) 



SEX 



ETHNICITY 



CLASS SCORE 



CHECK ONE 

□ VICTIM 

□ SUSPECT 

D WITNESS 



CDC NUMBER 



DATE RECD BY CDC 



CO* 



DATE RECD BY INST. 



FBI* 



SSN# 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC? 
YES NO 



HOUSING ASSIGNMENT 



COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 
3 HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 




NAME (LAST. FIRST, MI) 
RAWLINSON. P.T. 



REGULAR DAYS OFF 

wzr 



CHECK ONE 



D VICTIM 
□ SUSPECT 

^WITNESS 



CHECK ONE 

□ STAFF 

□ VISITOR 

POTHER: 



BADGE /JD# 
30057 



POST ASSIGNMENT 
SERT 



ID NUMBER 
P44858 



DESCRIPTION OF INJURIES 



CHECK ALL THAT APPLY 
3 HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST. FIRST. MI) 
PATE. M.R.. JR 



TITLE 

CORR. OFFICER 



SEX 
M 



ETHNICITY 
WHITE 



REGULAR DAYS OFF 
M/T i 



CHECK ONE 

□ VICTIM 

□ SUSPECT 
^WITNESS 



CHECK ONE 

□ STAFF 

□ VISITOR 

POTHER: 



BADGE /ID# 

37527 



POST ASSIGNMENT 
SERT 



ID NUMBER 
P37808 



DESCRIPTION OF INJURIES 



CHECK ALL THAT APPLY 

□ HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST. FIRST, MI) 
WHITE. D.W. 



CHECK ONE 

□ VICTIM 

□ SUSPECT 

^ WITNESS 



CHECK ONE 

□ STAFF 

□ VISITOR 

POTHER: 



BADGE /ID# 
42003 



TITLE 

CORR. OFFICER 



SEX 
M 



ETHNICITY 
WHITE 



REGULAR DAYS OFF 
UNKNOWN 



POST ASSIGNMENT 
SERT 



ID NUMBER 
P04272 



DESCRIPTION OF INJURIES 



CHECK ALL THAT APPLY 

□ HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



| STATB OF CALIFORNIA 

; CRIME / INCIDENT REPORT 
PART B - INVOLVED PARTIES 

CDC 837-B(l 1/91) 






DEPARTMENT OF CORRECTIONS 

t 

PAGE 7 OF 10 


! INSTITUTION /FACILITY 1 DATE INCIDENT 
, SIERRA CONSERVATION CENTER I 9/24/99 


TIME INCIDENT 1 INCIDENT LOG NUMBER 
0800 SCC-COP-99-09-0150 




NAME (LAST, FIRST, MI) 


SEX 


ETHNICITY 

t 


CLASS SCORE 


CHECK ONE 
D VICTIM 

D SUSPECT 
□ WITNESS 


CDC NUMBER 


cm 


raw 


SSN# 


PV-RTC? 

YES NO 


DATERECDBYCDC 


DATE REC'D BY INST. 


ANTICIPATED RELEASE DATE 


DATE OF BIRTH 


HOUSING ASSIGNMENT 


COMMITMENT OFFENSES (OPTIONAL) 


COUNTY OF COMMITMENT 


DESCRIPTION OF INJURIES 


PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 


CHECK ALL THAT APPLY 

□ HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 


LOCATION OF HOSPITAL / TREATMENT 


NAME (LAST, FIRST, MI) 


SEX 


ETHNICITY 


CLASS SCORE 


CHECK ONE 
D VICTIM 


CDC NUMBER 


CD* 


ran 


SSN# 


PV-RTC? 
YES NO 


□ SUSPECT 
D WITNESS 


DATERECDBYCDC 


DATE REC'D BY INST. 


ANTICIPATED RELEASE DATE 


DATE OF BIRTH 


HOUSING ASSIGNMENT 


COMMITMENT OFFENSES (OPTIONAL) 


COUNTY OF COMMITMENT 


DESCRIPTION OF INJURIES 


PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 


CHECK ALL THAT; 
□ HOSPITALIZED C 


yPLY 

] TREATED AND RELEASE 


D □ REFUSED TREATMEN 


r D DECEASED 


LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST, FIRST. MI) 


TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


SILVEIRA, F.M. 


CORR. OFFICER 


M 


WHITE 


F/S 


CHECK ONE 


CHECK ONE 


BADGE /JD# 


POST ASSIGNMENT 


ID NUMBER 


D VICTIM 


□ STAFF 

□ VISITOR 


36117 


SERT 


P37884 


□ SUSPECT 


DESCRIPTION OF INJURIES 




' WITNESS 


D OTHER: 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


D HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 




NAME (LAST, FIRST, MI) 


TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


SHARKEY, R.S. 


CORR. OFFICER 


M 


WHITE 


T/W 


CHECK ONE 


CHECK ONE 


BADGE /JD# 


POST ASSIGNMENT 


JD NUMBER 


□ VICTIM 


D STAFF 
□ VISITOR 


52334 


SERT 


P04446 


□ SUSPECT 


DESCRIPTION OF INJURIES 




'WITNESS 


O OTHER: 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


□ HOSPrTALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT D DECEASED 




NAME (LAST, FIRST, MI) 


TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


HICKEY,R.A. 


CORR. OFFICER 


M 


WHITE 


F/S 


CHECK ONE 


CHECK ONE 


BADGE /ID# 


POST ASSIGNMENT 


ID NUMBER 


D VICTIM 


□ STAFF 

□ VISITOR 


36923 


SERT 


P37916 


□ SUSPECT 


DESCRIPTION OF INJURIES 




'WITNESS 


dOTHER: 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL/ TREATMENT 


D HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 





S I ATE OK CALIFORNIA 



DEPARTMENT OF CORRECTION; 



CRIME / INCIDENT REPORT 
PART B - INVOLVED PARTIES 

CDC t37-B(l 1/91) 




1 

PAGE 8 OF 10 


INSTITUTION / FACILITY 

SIERRA CONSERVATION CENTER 


DATE INCIDENT 
9/24/99 


1 TIME INCIDENT 
1 0800 


INCIDENT LOG NUMBER 
SCG-COP-99-09-0150 



NAME (LAST, FIRST. MI) 


SEX 


ETHNICITY 

i 


CLASS SCORE 




CHECK ONE 

D VICTIM 


CDC NUMBER 


cm 


FBI* 


SSN# 


PV-RTC? 

YES NO 




D SUSPECT 
D WITNESS 


DATE RECD BY CDC 


DATE RECD BY INST. 


ANTICIPATED RELEASE DATE 


DATE OF BIRTH 


HOUSING ASSIGNMENT 




COMMITMENT OFFENSES (OPTIONAL) 


COUNTY OF COMMITMENT 




DESCRIPTION OF INJURIES 


PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 




CHECK ALL THAT APPLY 

□ HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 


LOCATION OF HOSPITAL / TREATMENT 




NAME (LAST, FIRST, MT) 


SEX 


ETHNICITY 


CLASS SCORE 




CHECK ONE 
□ VICTIM 


CDC NUMBER 


CD* 


FBI* 


SSNdf 


PV-RTC? 
YES NO 




□ SUSPECT 

□ WITNESS 


DATE RECD BY CDC 


DATE REC'D BY INST. 


ANTICIPATED RELEASE DATE 


DATE OF BIRTH 


HOUSING ASSIGNMENT 


I 


COMMITMENT OFFENSES (OPTIONAL) 


COUNTY OF COMMITMENT 




DESCRIPTION OF INJURIES 


PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 


I 


CHECK ALL THAT APPLY 

D HOSPrTALIZED □ TREATED AND RELEASED □ REFUSED TREATMEN 


^j^JECEASEp^^^^^^^^^ 


LOCATION OF HOSPITAL / TREATMENT 















NAME (LAST, FIRST, MI) 


title 


SEX 1 ETHNICITY 


REGULAR DAYS OFF 




MCCLURE. D.S.. 


CORR. SERGEANT 


M 1 WHITE 


F/S 




CHECK ONE 


CHECK ONE 


BADGE /ID# 


POST ASSIGNMENT 


ID NUMBER 


■' 


□ VICTIM 


□ STAFF 

□ VISITOR 


45756 


SERT 


P52832 


i ■ 


□ SUSPECT 


DESCRIPTION OF INJURIES 




! : 


^WITNESS 


DOTHER 








CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 




□ HOSPITALIZED □ TREATED AND RELEASE 
NAME (LAST, FIRST, MI) 


D □ REFUSED TREATMENT D DECEASED 








TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 




WATSON. T.L.. 


CORR. OFFICER 


M 


WHITE 


W/T 




CHECK ONE 


CHECK ONE 


BADGE /ID# 


POST ASSIGNMENT 


ID NUMBER 


' 


□ VICTIM 


□ STAFF 

□ VISITOR 


51753 


SERT 


P04384 




□ SUSPECT 


DESCRIPTION OF INJURIES 






^WITNESS 


DOTHER: 








CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 




D HOSPITALIZED □ TREATED AND RELEASE 
NAME (LAST, FIRST, MI) 


D □ REFUSED TREATMENT D DECEASED 








TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 




FISH. D.N. 


CORR- OFFICER 


M 


WHITE 


M/T 


- 


CHECK ONE 


CHECK ONE 


BADGE /JD# 


POST ASSIGNMENT 


ID NUMBER 


: 


□ VICTIM 


D STAFF 
□ VISITOR 


48852 


SERT 


P04332 




□ SUSPECT 


DESCRIPTION OF INJURIES 






^WITNESS 


DOTHER: 






- 


CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL /TREATMENT 




□ HOSPITALIZED C 


] TREATED AND RELEASE 


D □ REFUSED TREATMENT □ DECEASED 







STATE OF CALIFORNIA 



CRIME / INCIDENT REPORT 
PART B - INVOLVED PARTIES 

CDC 837-B(l 1/91) 



DEPARTMENT OF CORRECTIONS 

jr. . 



PAGE 



OF 10 



INSTITUTION / FACILITY 
STCRRACONSERVATtON CEN I ER_ 

NAME (LAST, FIRST, MI) 



DATE INCIDENT 
09/24/99 



TIME INCIDENT 
0800 



SEX 



ETHNICITY 



INCIDENT LOG NUMBER 
SCC-COP-99J)9J)1SO 

CLASS SCORE 



CHECK ONE 

D VICTIM 
D SUSPECT 
D WITNESS 



CDC NUMBER 



DATEREC'DBYCDC 



CDJ 



DATE REC'D BY INST. 



FBI* 



SSN# 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC7 
YES 



NO 



HOUSING ASSIGNMENT 



COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 

D HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST, FIRST, MI) 



SEX 



ETHNICITY 



CLASS SCORE 



CHECK ONE 

□ VICTIM 

□ SUSPECT 

D WITNESS 



CDC NUMBER 



DATE REC'D BY CDC 



cm 



DATE REC'D BY INST. 



FBI* 



SSN# 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC? 
YES NO 



HOUSING ASSIGNMENT 



COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 

D HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST, FIRST, MI) 


TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


J HICKEY. C.L. 


CORR. OFFICER 


M 


WHITE 


T/F 


CHECK ONE 


CHECK ONE 


BADGE /ID# 


POST ASSIGNMENT 


ID NUMBER 


. □ VICTIM 


D STAFF 
□ VISITOR 


49713 


SERT 




□ SUSPECT 


DESCRIPTION OF INJURIES 




. • WITNESS 


DOTHER: 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


. □ HOSPITALIZED □ TREATED AND RELEASED D REFUSED TREATMENT □ DECEASED 


" 


NAME (LAST, FIRST, MI) 


TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


. PRDROSO, J.F. 


CORR. SERGEANT 


M 


HISPANIC 


M/T 


CHECK ONE 


CHECK ONE 


BADGE /ID* 


POST ASSIGNMENT 


ID NUMBER 


. □ VICTIM 


□ STAFF 
D VISITOR 


38440 


SERT 


P52830 


□ SUSPECT 


DESCRIPTION OF INJURIES 




^WITNESS 


D OTHER: 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


• D HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 




NAME (LAST, FIRST, MI) 


TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


1 POPKE, EJ. 


CORR. OFFICER 


M 


WHITE 


S/S/H 


CHECK ONE 


CHECK ONE 


BADGE /H)# 


POST ASSIGNMENT 


IDNUMBER 


.. D VICTIM 


□ STAFF 

□ VISITOR 


12056 


IDL 


P44842 


□ SUSPECT 


DESCRIPTION OF INJURIES 




- X WITNESS 


DOTHER: 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


1 □ HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 





STATE OF CALIF ORNIA 

CRIME / INCIDENT REPORT 
PART B - INVOLVED PARTIES 

CDC 837-B(l 1/91) 



PAGE 10 



OF 10 



2 



to 



INSTITUTION / FACILITY 
SIERRACONSERVATION CENTER. 

NAME (LAST. FIRST, MI) 



DATE INCIDENT 

09/24/99 



TIME INCIDENT 
0800 



INCIDENT LOG NUMBER 
SCC-COP-99-09-0150 



SEX 



ETHNICITY 



CLASS SCORE 



'51 



I 



CHECK ONE 

D VICTIM 
D SUSPECT 
D WITNESS 



CDC NUMBER 



DATE RECD BY CDC 



CIW 



DATE RECD BY INST. 



FBI* 



SSN# 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



( PV-RTC7 
YES 



NO 



HOUSINQ ASSIGNMENT 



COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 

D HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



Sri 

] 



NAME (LAST. FIRST. MI) 



SEX 



ETHNICITY 



CLASS SCORE 



CHECK ONE 
□ VICTIM 

D SUSPECT 
D WITNESS 



CDC NUMBER 



DATE RECD BY CDC 



cn# 



DATE RECD BY INST. 



FBI* 



SSN# 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC7 
YES NO 



HOUSINQ ASSIGNMENT 



COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 

D HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 




CHECK ALL THAT APPLY 

□ HOSPITALIZED □ TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



I 



NAME (LAST, FIRST, MI) 
DENNIS.A.M. 



TITLE 

CORK. OFFICER 



SEX 

M 



ETHNlCrTY 
WHITE 



REGULAR DAYS OFF 



CHECK ONE 

□ VICTIM 

□ SUSPECT 
v' WITNESS 



CHECK ONE 

□ STAFF 

□ VISITOR 

POTHER: 



BADGE /ID* 
45551 



POST ASSIGNMENT 
SERT 



ID NUMBER 
P52879 



DESCRIPTION OF INJURIES 



■ I 



CHECK ALL THAT APPLY 

D HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 
NAME (LAST, FIRST, MI) I TITLE 



CHECK ONE 

□ VICTIM 

□ SUSPECT 

□ WITNESS 



CHECK ONE 

□ STAFF 

□ VISITOR 

POTHER: 



BADGE /JD# 



POST ASSIGNMENT 



LOCATION OF HOSPITAL / TREATMENT 



SEX ETHNICITY 



REGULAR DAYS OFF 



ID NUMBER 



DESCRIPTION OF INJURIES 




CHECK ALL THAT APPLY 

□ HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



Supplement to the Crime/Incident Report (CDC Form 837) 



Pagf: 



of 2 



iktuv iiir-wi amacnr.r* r 



fr** U3 B fl^ > Jttm #gB3B» 



CURTIS, JILL S. 



*Ma$t it ^tfM^^assgegaw^aMfct'-T-'V ^-^aft 



49211/P 04457 

flBtiafpfTlmt 



i*mg££M 



meiaeiit-rA ? -iir*****sa»i»e* emmDi*a»l 



SCC-COP-99-09-0150 



mi&ttkti&8mts&&mimmm£i 



5YRS5MO 



I.S.U. 



0800 HOURS 



09/24/99 



RDO* 



tlncldentLotaridnJagjI^^^U^ 



S/S/H 



0730-1600 



Inmate Day Labor work area 



ipawpHqaifenaaaan/^ia^ 



IDL / ECOLOGY AREA SEARCH 



^oUFRoles^^^^^g^ 



lXJ Primary 

I "I Responder 
I I Witness 
D Victim 
H Camera 



yfm^^Wit^s^titr,^mbrio<>ttitr)ME^^^^ 



Inmates Involved (prtfactS^U8p<tt/V-VlcHra^W^\VttnfcM)^ 



,Fb r£e:tJsJfa^You^M^|^ 

□ Lethal ~ 

LJ Less Lethal 
_J Physical 
■E None 



$VS£lJ*mW%%36B£&&&* 



LJ 37mm 

□ Baton N/A 

a oc 

D Other: 



ILethal Wcip^nil^^^^aN^lf Number of Rounds Fired -SM 



Q Mini- 14 
I I Shotgun 
3 Handgun 
D Other 



D 

n 
n 



HForce Observed ;by^du1&$&* 



□ Lethal 
J Less Lethal 
] Physical 
[X] None 



N/A 



N/A 



Svldcnce Collected^ 



3 Yes 
3 No 



lE^dencYDeicHbHbn'^g^Ta^^^^^^^l^^- 



tpispiwirion^^^^fe^ :^- .^rf-.A 1 : mm 



^yeipon^^i^r 



BIOHazIrdls 



One (1) VHS video tape, twelve (12) 
Polaroid photos 



Evidence vault 



Yes 



Yes 



(3 No 



£><] No 



Description bnojury^^sfflgg^ 

N/A 



>SCIF 3301/3067 CompXittdm^M 



SfUSi 



J Yes 
g| No 



Location -i^fiS^ 



Tfeiitcd^ 



N/A 



Yes 
g| No 



hrrative: 

)n Friday, September 24, 1999, at approximately 0800 hours, I was instructed to report to the Inmate Day Labor 
IDL) work site and search the area. I was instructed to assist in video taping an inmate-manufactured weight room 
ind a free staff office. I then reported to the upper level courtyard where several Konex Boxes were located and 

iideotaped the contents of each box, utilizing the institutional Sony Steady Shot hand held video camera. I then 
ideotaped three (3) Konex Boxes and the contents, located near the IDL supervisor's trailer. I then reported 

-jehind the Ecology area and exposed (2) two Polaroid photos of free weights found in a Konex Box, utilizing the 
istitutional Polaroid Spectra AF Instant Camera. I then returned to the Ecology Office and exposed two (2) 
olaroid photos of several radios, a fan, an iron and other miscellaneous items. I entered the Ecology Custody 

_Jffice and exposed four (4) Polaroid photos of various tools, spray paint cans, and flammable liquids which were 
)cated in the Custody Office in a tool box and locker. 



(/aajUJ 



09/24/99 



?Evte»er's Signatured ^ 




&?&y**.:'%*?^*^w® 



A^ 



Approved -y*% : : ^^-;i,Tiff^fi 



'Clarification Needed -.7 



Date 1 



?'*&?? 



(Print in ink or employees can personally type or complete this form on a computer) 
(At no time will this form be completed by anyone other than the repotting employee) 



Department of Corrections 

Supplement to the Crime/Incident Report (CDC Form 8:" i 



>13iirMl»^V1^fNiniMhlffi1 

CURTIS, JILLS. 



»Birigy<<^>/W<.'<*^W^.^t^^a:A.fv-.V v P -.' ■ 



49211/P04457 



Page: 2 of 2 



SCC-COP-99-09-0150 



I [Xj Continuation of Report 



Additional Information 



Clarification Request 



Nirrithc: 



I then reported to the tool check out office, where I exposed two (2) Polaroid photos of cigarette packages ai 
miscellaneous personal property located in a toolbox belonging to an inmate worker. I then videotaped vario 
areas, buildings and contraband that was found during the search of the IDL work site. At approximately 12( 
hours, I was instructed to return to the office and begin writing my report. 



gg^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^B 




jdZ23L 



R^>^er:iSlgn>ture^g^^^^^^^i^5^CM» ^Approved S&r7±JT*?Wgmi JCUHficition Needed^ri 5 :mk^!rm 



DiteSSr' 



09/24/99 



i Vtti&W^-Sw^&Mi 



Department of Corrections 

Supplement to the Crime/Incident Report (CDC Form 837) 



Page: 



of 2 



TawtlNflmfe: FlrrtNameliirttal 



Bidfttf 



iriaa«iti>b»tf; 



Mills, Robert 



12177 



SCC-COP-99-09-0150 



Length of Service 



Pod Description 



Incident Time 



Report Date 



15 yrs., 4 mos. 



ISU Sergeant 



0800 hrs. 



09-24-99 



RDQ's 



Doty Hoar* 



Incident Location 



S/S/H 



0730-1600 



Inmate Day Labor Project Site 



iPe^riptloittiflnddeDt/Crfane: 



CCR Section/Rule 



Area Search of Inmate Day Labor Project Site 



Your Role 



Witnesses (preface S-Staff, V-Vlsl tor, O-Other) 



Inmates Involved (preface S-Suspect, V- Victim, W- Witness) 



Primary 
[X] Responder 
F] Witness 
D Victim 
ll Camera 



(S) C/O S. Lay 
(O) S. Padgett 
(O) Ken Kusler 
(O) Alan NetT 
(O) Keith Ramos 



Forte Used by Yon 



Less Lethal 

_J 37mm 
G Baton 
□ OC 

M Other:N/A 



LethalWeaporn 

D Mini-14 Z 

D Shotgun I 

j Handgun 
(3 OtherN/A 



Number of Rounds Fired 



force Observed by Yon 



□ Lethal 

\_\ Less Lethal 

Z] Physical 

E None 



N/A 



.7] Lethal 
J Less Lethal 
J Physical 

M None 



tridence Collected 



Evidence Description 



Disposition. _ 



Weapon 




3 Yes 
U No 



One Southwestern Steel Key 



Evidence Vault 



Yes 

g] No 



teporOnf Staff Injured 


IBmriptton not Injury _jr. 


Treated 


SCIF J301/3067 Completed 


J Yes 
3 No 


N/A 


N/A 


Yes 

N No 



)n Friday, September 24, 1999, at approximately 0800 hours, I instructed Security Squad Officer S. Lay to 
ideotape the Inmate Day Labor (IDL) office prior to its search. I informed IDL Supervisor Ken Kusler that 
)fficer Lay and I would be searching all areas of the office and requested that he allow us to search his desk and 
iles. Kusler consented and his office was searched. Numerous non-inventoried computer disks, whistles, pad 
Dcks, keys and small tools were discovered. 

it approximately 0830 hours, Officer Lay and I contacted IDL employee Alan Neffwho consented to a search of 
is desk and files. Numerous non-inventoried computer disks and small tools were discovered. 

it approximately 0905 hours, I contacted IDL employee Keith Ramos who was assigned temporarily to a project at 
•VI and obtained his consent to search his desk and files. Upon searching his office area, Officer Lay and I 
iscovered numerous non-inventoried computer disks, hand tools, and other items. See itemized list of articles 
iscovered in Officer Lay's CDC 837C. Also discovered was a blank Southwestern Steel Company key (Folger 
dams type key) laying on the window sill next to his desk, readily accessible to inmate workers in the EDL office. I 
iized the key and later placed into the SCC Evidence Vault- 

y6rtm| Staffs Signature 



^"MewerUSlrnamre / 

— ^r-v^« r 



j4<^J 



Approved 



B— 



OarifteatJan Needed : 



D 



I)«le 



09-24-99 




' int in ink or employees can personally type or complete this form on a computer) 
I no time will this form be completed by anyone other than the reporting employee) 






Deportment of Correction* 

Supplement to the Crime/Incident Report (CDC Form 837) 



Pagje: 2 of 



l+rt Mimr Mrrt Nunt Initial 



Mills, Robert 



Badretf ^^ 



12177 



Inddentl^f 



SCC-COP-99-09-0150 



^ Continuation of Report 



Additional Information 



Clarification Request 



At approximately 0925 hours, I contacted IDL employee Steve Padgett who consented to a search of his desk s 
files. A small amount of non-inventoried hand tools were discovered. 



Reporting St*iTi Signatory 



^^2^^^^ 



RerU-ntr'i Sizrvktnre 



(j£^y-<j£/£ 



Approved 



Clarification Needed 



jjDiiljl 



09-24-99 



Date 



9-sY-?? 



(Print in ink or employees can personally type or complete this form on a computer) 
( Al no time will this form be completed by anyone other than the reporting employee) 



Ueparuneiu ui corrections 

•Supplement to the Crime/Incident Report (CDC Form 837) 



Pagje: 



of 2 



iym«^i^r^ifrPT?nOTre*3amfc»a^ 



**mfMm&«^w *^ * m #fiw*-vM)}**< nfl-idr m i ^> » ^*w»a>wiMgMW«wwwttwii» 



KIRKLAND, RODNEY 



31127/P44864 



SCC-COP-99-09-0150 



l£ngthlifSerWe^^&a^|fToitDescripHdn?.^^^^ 



Incident Tlmg^r^^j^SSVK^ r??^; ! =>V.- r 



■' Report Date r ^-~iffl>~^ £--? JTuMffflS 



14YRS/ 1MOS 



Security Squad Sergeant 



0800 



9/24/95> 



RDO'i^m^^r^^^^- 



WutfHoarii&^f^A^>Pfg-f:^t^M : 



Irfcident Location^ 



■ ^"s^^Jj^f? ;^>^^%^» : 3^rt»^^ 



s/s 



0730-1600 



Inmate Day Labor / Out Grounds 



D«cHpll6ri1)flDddcnt/CTmey£:V4-;^^^^^ CCR Section/Rule -^ ^^^i^:.^^^ 



[Inmate Day Labor / Ecology Search 



N/A 



[X] Primary 

!~~| Responder 

] Witness 

□ Victim 

I I Camera 



Witnesses (preface S-StafT, V-Vlsiton O-Other) v>yVfea^ 



Inmates Involved (preface S-S 



uspect, V-Vlctinii W^WitriMs)^ 



(O) B. Lee 
(O) Johnson 
(O) Danielson 
(S) J. Frohreich 
(S) Stevens 



Casual Labor / IDL 
Casual Labor / IDL 
Casual Labor / IDL 
Correctional Officer 
Fire Chief 



(S) WILLIAMS 
(S) ANDERSON 
(S) FOSTER 
(S) WOOLEN 



K19993 
P31302 
J40761 
P22985 



; Force- Used by y Ydu i^fefe 



□ Lethal 
lU Less Lethal 
lZ) Physical 
M None 



Leas Lethal- V^ftj. 

~] 37mm 

3 Baton 

D OC 

M Other N/A 



Lethal Weapons vVt. 

G Mini-14 
I Shotgun 
] Handgun 

[X] Other N/A 



Number of Rounds Fired 



IT 

D 
D 
IEIn/a 



Force Observed by You j - 

Lethal 
J Less Lethal 
J Physical 
M None 



Evidence Collected F 



Yes 

□ No 



Evidence Description 



Cad-Thermo-Weld 9-(90); 13-(150); 
36-(200) 



Disposition 5 , 



Fire Chief Stevens secured 
In the Haz-Mat Safe. 



Weapon 



I2SI Yes 
□ No 



BIO Hazard ' 



Yes 



Kl No 



Reporting Staff Injured 



■a t :a ^ :v**^z^i£ 



^St^rP; 



^ 



Description of Injury, 



Location 
Treated 



,SCIF 3301/3067 Completed f s ' -ft £ : 



Yes 
3 No 



NONE 
NONE 



N/A 
N/A 



Yes 
[X] No 



Narrative: . 

On Friday September 24, 1999, at approximately 0800 hours I took part in a search of the Inmate Day Labor 
construction site and Ecology work site. At approximately 0820 hours Officer Frohreich and I summoned Mr. Lee, 
Mr. Johnson and Mr. Danielson to their office trailer located west end of the project site, near the sewage ponds. 
At approximately 0830 all three Casual Labor work supervisors arrived and I informed them of the search. At 0835 
I searched the desk utilized by Mr. Johnson, with only minor discrepancies, two pairs of scissors that were not 
scribed or inventoried and loose change. I advised Mr. Johnson to remove the money from his desk, to scribe the 
scissors, and account for them on a office inventory sheet. Mr. Johnson opened his personal brief case for 
inspection, which proved negative for contraband. 

At approximately 0848 hours I searched the desk utilized by Mr. Lee and Danielson, with two minor discrepancies. 
There was one pair of scissors scribed, however, no office inventory accountability, and an empty old brief case 
that was believed to have been left by a prior contractor. At approximately 0900 hours I inspected a lunch box 
belonging to Mr. Danielson, with negative results for any contraband. 

During the search of the common unsecured areas of the office, Officer Frohreich and I discovered (5) five cans of 
Sixteen ounce, flammable, toxic, PVC, Gray Touch up Compound, Two (2) cans of flammable Spray paint, and 
One hundred Sixteen full, partial, and empty tubes of Cad-Thermo-Weld. 





R.L. KIRKLAND 



9/24/1999 



f Reviewer's Signaturc^^gj^Sr:;- 




Approved .- ' ?-; ■ .■_ . .^ ~d~-\ :>r 



-Clarification Needed 



Date-: t v---;-vy<>v»».r -'■■ 



9-^9 



(Print in ink or employees can personally type or complete this form on a computer) 
(At no time will this form be completed by anyone other than the reporting employee) 



l>cp*runciu ui L onccuoiib 



Supplement to the Crime/Incident Report (CDC Form 837) 



Pa 



gf: 



of 



U 



t\^r^kV!rmHrsTa>^U{i]t^sr^^'v^^'rmvm9m!^mt 



^niri ? >'»<^^ia««i!*«Ma»iv«»<M»». 



InrMrntr.hoMC^iafciHftllHllHuMlllWlli 



R.L. Kirkland 



31127/P44864 



SCC-COP-99-09-0150 



| >^ Continuation of Report 



Additional Information 



LJ Clarification Request 



Namtire: . ( 

I asked Mr. Johnson if there was an inventory for the Cad-Thermo-Weld and he explained he kept the empties 

the box with the full ones and could account for the items by comparison to his purchase orders. I informed N 

Johnson I would be confiscating the flammables and Cad-Thermo-Weld to the main office and a decision would 

made there as to the storage and use of these items. Officer Frohreich and I inventoried the Cad-Thermo-Weld 

follows; 

1. 

2. 

3. 
4. 
5. 
6. 
7. 
8. 
9. 



h 



: 



- 

I 

] 

] 



Nineteen (19) empty size 90P tubes 

Nine (9) full size 90P tubes 

Thirty four (34) empty size 1 50P tubes 

Two.(2) full size 150P rubes 

One (1) partial size 150P tube 

One unopened box of Ten (10) size 150P tubes 

Six (6) full size 200P tubes 

Five (5) empty size 200P tubes 

Three (3) unopened boxes of Ten (10) size 200P tubes. 
It would be reasonable to assume by the method of inventory utilized by IDL that there are Two (2) size 9 
Three (3) size 150P, and Nine (9) size 200P Cad-Thermo-Weld tubes that are not accounted for. Fire Ch 
Stevens was summoned to examine the Cad-Thermo-Weld and assumed possession of the items for storage in 
Hazardous Materials Safe. 

At approximately 1300 hours I received two (2) positive urine samples taken by Correctional Officer K. D 
These samples were obtained from Inmates FOSTER J40761 and WOOLEN P22985 utilizing the On-Trac Roc 
instant cup presumptive test method. WOOLEN'S test indicated a positive result for "THC" a common ingredie 
found in Marijuana. FOSTER'S test indicated a positive result for Amphetamine. Both test were processed ii 
evidence for testing by National Toxicology, Bakersfield. A CDC 115 was prepared, however, will not be issi 
until results from National Toxicology are received. 

At approximately 1500 hours I investigated the discovery of numerous packs of "Main Street" cigaret 
discovered in the IDL toolbox utilized by Inmate WILLIAMS K19993. 1 have determined that WILLIAMS bouj 
these cigarettes from the Main Canteen at Fifty cents a pack. WILLIAMS said he takes the cigarettes to wo 
however, is not allowed to bring them back through the back gate area, so he leaves them in his toolbox 
confirmed that SCC Canteen sells this brand of cigarettes and WILLIAMS regularly draws from canteen. 

At approximately 1530 hours I investigated what was believed to be an ATM withdrawal slip found in the loc 
of Inmate ANDERSON P31302. This slip is a bank transaction record for Six Hundred dollars that was withdra 
from ANDERSON'S Disabled Veterans bank account and deposited into his SCC Trust account on 8/13/99. 
receives the transaction receipt through the mail when his funds are sent to the trust office. 



b: 



?e 



id 



•Revicwt^i Signature >^/^iJ«5K^.^ % ggjg£|fe^-*s^ 

<5r 





R.L. Kirkland <^g§^ 



(Print in ink or employees can personally type or complete this form on q computer) 
(At no time will this form be completed by anyone other than the reporting employee) 



Department of Corrections 

Supplement to the Crime/Incident Report (CDC Form 837) 



Page: 



of 



Last Name, ftrst Name Intttsl 


PtdstS .'"". 


Incident Los # 


LAY, STEVEN < 


^ • 


31129/P37870 


SCC-COP-99-09-Q150 


Length of Service 


Post Description 


Incident Time 


Report Date 


14 years/2 mos. 


SECURITY SQUAD 


0800 hours 


09-24-99 


RDO'i 


Doty Hoars 


Inddent Location 


S/S/H 


0730-1600 


Inmate Day Labor Sewer Project ' 



Description of Incident/Crime 



CCR Section/Role 



YowRok 



Witnesses (preface S-Staff, V-Vbitor, O-Otber) 



Inmates Involved (preface S-Suspect, V- Victim, W -Witness) 



Primary 
L] Responder 
Q Witness 
D Victim 
El Camera 



(S) B. Mills 



FerceUsed by Yea 



,D Lethal 
E] Less Lethal 
CD Physical 
None 



Less Lethal 

□ 37mm 

□ Baton 

□ OC 

M Other:N/A 



Lethal Weapons 

□ Mini- 14 
J Shotgun 
I I Handgun 
[X] OtherN/A 



N amber of Rounds Fired 



a 
a 

E3 N/A 



force Observed by Yon 



□ Lethal 

■_] Less Lethal 

] Physical 
M None 



, 

Evidence CoBected 




Disposition 


Weapon 


BIO Hazard 


El Yes 

3 No 


(4) Polaroid Photos 

N/A 


Evidence 

N/A 


Yes 
\£ No 


Yes 

J No 



Reporting Staff Injured 



Description of Injury 



Location 
Treated 



SCIF 3301/3067 Completed 



J Yes 

ig| No 



N/A 



N/A 



Yes 



[X] No 



pn Friday, September 24, 1999 at approximately 0800, 1 participated in a security search of the Inmate Day Labor 
IDL) offices and outlying areas. I began by video taping the entrance and inside area of the IDL main office 
>ccupied by the IDL supervisors. Sergeant Mills and myself then made contact with Ken Kusler IDL Supervisor, 
:tl |ind explained to him that we would like to search his office and desk area and he gave his consent. We found 
"8 iumerous floppy disks without inventory in his desk drawer, as well as tools that did not have proper identifying 
Wriarks and were not inventoried. We also discovered several locks and keys in an unlocked bottom drawer. 



lergeant Mills and myself then approached Mr. A. Neff and requested to search his desk and office area and he 
;ave his permission. We found several tools in Mr. NefFs desk drawer without inventory or accountability, as well 
s several floopy disks that did not have an inventory. 

'ergeant Mills then phoned Utility Shop Supervisor Keith Ramos at Deuel Vocational Institution and requested to 
earch his desk and he relinquished his permission. Inside Mr. Ramos desk we found, and made (3) Polaroid photos 
f the followiitffit)ems: 

eporttng Stal^gnafl jg^ „ , / / 





§^ 



09-24-99 




Approved 



Clarification Needed 



Date 



#o 



9~p%-t> 



? tint in ink ot employees can personally type or complete this form on a computer) 
c=s* i do time will this form be completed by anyone other than the reporting employee) 






Supplement to the Crime/Incident Report (CDC Form 837) 


Page: 2 of 


1 *M ^rv nrirt Mum Initial 


Buiiretf 


Incident Loe 


LAY, STEVEN C. 


31129/P37870 


SCC-COP-99-09-0150 



vr 

Sop 
FK 

!I 

Eft 



I | j Continuation of Report 



I [X] Additional Information 



[ 1 Clarification Request 



1 . A 1 .44 floppy disk with Mr. Ramos home phone number as well as his Social Security Number, home addr 
and entire work history. 

2. (18) Master locks with keys in an unlocked desk drawer. 

3 . Approximately ( 1 00) brass chits resembling staff chits. 

4. A magazine with Keith Ramos home address, city and zip code. 

5. A blank Folger Adams key found on his window sill in plain sight of inmates. 

6. (2) screw drivers (un-inventoried). 

7. ( 1 ) pr. Scissors. 

8. (1) Vehicle key. 

9. (14) Un- identified keys. 

10. A staff whistle. 

1 1 . A Torque Wrench (un-inventoried) 
I placed the three photos into evidence per SCC guidelines 

While searching the electrical transformer room adjacent to the IDL office, 1 discovered an unlocked cabinet 
easy inmate access. Inside the cabinet were the following hazardous/ flammable items: 






D 
) 
] 

] 

U 

I 
] 

: 



1 . (5) 1 5 oz. Cans of electrical coating (marked extremely flammable). 

2. (5) 32 oz Cans of PVC cement. 

3. (7) 32 oz Cans of Solvent cement. 

4 . ( 1 ) Can of spray silicone (marked extremely flammable). 

5. (1) 17 oz Can of spray paint. 

6. (1) 15 oz. Can of marking paint. 

I exposed (1) Polaroid photograph of these items and placed this photo into evidence per SCC guidelines. 



I 
1 



i 







Department oi Corrections 



Supplement to the Crime/Incident Report (CDC Form 837) 



Pagf: 1 



of 2 



^^ru-jt^^^^s^^^y^ ^-^^^'inr icirnt t^. u^&x^xmftwimmv&f* 



,ii}ntx*tt^Tm?r n mifsrt»^*:^*i^fx^^ 



FROHREICH, JEFFERY S 



44462/P52919 



SCC-COP-99-09-0150 



'Report D»ttf^mi0^1'mm$mmSim : ^ 



Uhkth^rSTr^ie^^^»m^To$tDescriptioaW^^^^mm'}t^J^' 



incident Tlm'e^^^^m^ ■- '■ -' '&**&$.:' 



9 YEARS 



SECURITY SQUAD 



0800 hours 



09-24-99 



RDO 



gDury;Honrtgg^t^S^^^^>a»^)^ 



^Incident Lbcitiori^^^Ma -^ ' ' 'f.W?^-. ■ ^''VK'^.^a^^^^i^^^^^ilJ^im^ 



S/S/H 



0730-1600 



Inmate Day Labor 



i DwHptfdh.6fJncident/Crime#j^¥#r^^j55K 



^e^j^^-ft^^^-sfe^v'fe^,^'^ £:Ps*r;-j;i*:^ i?. >? '-. CCR Section/Rule ^:li:JrStt&,'~i*F'$g>£& 



'LDL/ECOLOGY SEARCH 



Inmates Involved (preface S-Snspcct, V-VlcilmTWAVlrncss) ^| 



YmRmm&B&m 



3 Primary 

[j Responder 

D Witness 

I] Victim 

Z) Camera 



iWHhessel (prefaeg S-Staff, V-Vlsltor, P-Other)^ 4?/^ :: .--± 



Sgt R. Kirkland 
(s) IDL Staff 
Johnson 
Lee 

Danielson 



Zl Lethal 
Z] Less Lethal 
Zl Physical 
13 None 



■Less I^thar^&s^ssg^:?- 

Z] 37mm 

D Baton 

□ OC 

D Other: 



Lethal 'Vfi*jfin$i$.j&&,«r)i-4-m -Number of Round? Fired »~ft 



□ Mini-14 
I I Shotgun 
_J Handgun 
D Other 



□ 



Force Observed by You>l:^^ 



N/A 



□ Lethal 
J Less Lethal 
J Physical 

13 None 



ivIdence'CoIIected&i 



;EvidcnceDcacHp^6nWjf^^^^:^f--V:?»:5!-;'i^ 



Disposition jj= 



Weapon ~-^ 



BIO Hazard' 



3 Yes 
U No 



Three (3) Photographs 



SCC Evidence Vault 



Yes 
13 No 



Yes 

3 No 



Reporting Staff Injured'' 

v< -.•vj'"?' 7-*'.T''f» : '-';-: ; 'f---~ 






'Description of Injury^***'; 



Location 
Treated 



J Yes 

3 No 



N/A 



N/A 



SCIF 3301/3067 Completed t?-^ 



Yes 

3 No 



Narrative: 

On Friday, September 24, 1999, 1 assisted Correctional Sergeant R. Kirkland in the search of several buildings in 
Jie Inmate Day Labor (DDL) work site. The first building we searched was the office of Supervisor Johnson, 
Danielson and Lee. I video taped the office prior to the search. We began the search of Supervisor Johnson's desk 
at approximately 0835 hours and ended at approximately 0847 hours. There were no discrepancies noted in 
Johnson's desk. However there was a box with 5 cans of highly flammable PVC Touch Up Compound inside. We 
began the search of Supervisor Danielson's desk at approximately 0848 hours and the search ended at 
approximately 0900 hours. There were no discrepancies noted in Danielson's desk. We continued a search of the 
entire office and recovered two (2) cans of highly flammable paint, and numerous containers of Cad Thermoweld 
material. The amount of Cad Thermoweld found was as follows; 

1 . Thirty Four (34) empty tubes, size 1 50P 

2. Two (2) full tubes, size 150P 

3. One (1) partial tube, size 150P 

4. One unopened box often (10) tubes, size 150P 

5. Nineteen (19) empty tubes, size 90P 



: Reporting StairfSignarur^^fe^o?',;--.; ,^'a^^p^S^ ■■^■■Fhwi ■&i&f&i&$£i XirX^S&Z ^ -^^^i^^^^A^ 



izimmmmzB&\ 



<?~?y-?f 



Reviewer'iSi 




\ i ^:?c-4^j:.li^i±i- l :].i-*ri- - Approved ?^jti';i!'&i?,:--'-&^* -'Clarification Needed - .;.->..■■>,;.-; --, 



Dttt'&M&X&J&v' 



)4<^ 



9-«?fr-9? 



(Print in ink or employees can personally type or complete this form on a computer) 
(At no time will this form be completed by anyone other than the reporting employee) 



Department of Corrections 

Supplement to the Crime/Incident Report (CDC Form 837) 



of 2 



M3UNftCT?nfflNIireiilHn<WM»<««*»rt^^tt*^^ 



> Hi MV* f u&m*mit*i&W&5MBXM»* 



Inc IrfrriH ^^faiWf»M^t?«W)MWfetwaB 



FROIIREICH, JEFFERY, S 



44462/P52919 



SCC-COP-99-09-0150 



ti 



|S Continuation of Report 



Additional Information 



L 1 Clarification Request 



Narrative: 

6. Nine (9) full tubes, size 90P ! 

7. Six (6) full tubes, size 200P 

8. Five (5) empty tubes, size 200P 

9. Three (3) unopened boxes often (10) tubes, size 200P 

The Cad Thermoweld materials, PVC compounds and paint was removed and taken to the main IDL office whe 

it was examined by the Fire Chief. I exposed Three (3) Polaroid photographs of the materials. The photographs £ 

as follows; 

Photograph # 1 Depicts the Cad Thermoweld, PVC compound and the paint. 

Photograph #2. Depicts the Cad Thermoweld, PVC compound and the paint. 

Photograph #3 Depicts the Cad Thermoweld and PVC compound. 

Upon completion of the search of the supervisors' office I searched several other buildings in the IDL work site. 

I marked the photographs with the date, time and my initials and placed them in a manila envelope with a VOS 3 
99 Evidence card attached and placed them into the SCC Evidence Vault. 



i 



* 



) 



i 



^cfolffirsT ar TSIiiS^^ 



- -y; -AZZmgi 



iviewer^s'Stghlhirefel ^^ ^^- ^^^^^^rj^^^-Sfei- '^Apprc 

g t* -ft ir — i— ■- 

. ' — !■■ j ' ' ■ ■ 



l^W^tg&i**^^ 



.Clarification Needed 



i/-T\j.-.-_55S " f..--:^.5 



•patel^^PS^l 



Date^^^g**^lj 



^-PV'Tft « 



(Print in ink or employees can personally type or complete this form on a computer) 
(At no time will this form be completed by anyone other than the reporting employee) 



! 



ipartment of Corrections 

ipplement to the Crime/Incident Report (CDC Form 837) 



Page: 



of 



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I=drctt-Q63«r»ftd : byoXoa* 



Lethal 
Less Lethal 
Physical 
None 



□ 37mm 
Q Baton 

DOC 

□ Other 



□ Mini-14. 

□ Shotgun 

□ Handgun 

□ Other 



□ 
□ 
□ 
□ 



□ Lethal 

□ Less Lethal 

□ Physical 
(jgNone 



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Yes 

No 



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□ Yes 
DNo 



□ Yes 

□ No 



iMatHnxfTnaxtd: S(Pi\tymamExpo»m-t^ v s y ;;-SCIF33q^(K?s<;|ptf<<ed- 



Yes 

No 



□ Yes 
DNo 



□ Yes 
DNo 



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Department of Corrections 

Supplement to the Crime/Incident Report (CDC Formh$37) 



Pa^e: 1 of 1 



jj-tiisf Nanie:FIrst Name Initial 


nhdpetf r ■ ... „,.,;„,,. ■:. 


Incident Lop # 1 


j FEE, JAMES C. 


//zjrg/P .-!<// -?{, 


SCC-COP-99-09-0150 


|:;:Lerijjth of Service — : ~ '.'■'■. 


Post Description 


Incident Tim/ 


Report Dale 


16 YEARS 


ecu 


0800 HOURS 


09-24-99 


lil>o^ii;i 


DutyHours 


Incident Location : | 


S/S 


0730-1600 


i 



^Description of Incident/Crime 


■: : 7 ■':;.- ^ : '{-:.:: [ r:\r :■■■.._■ ■ .f . .,: ; : ; : :/:; : :-:, ■-::.'.;,. - 




CCR Section/Rule ; 






lYourRole 


Witnesses (preface S-Stofr, V- Visitor; O-Other) 


Inmates Involved (preface S-Siupeci,Y-Vldlm, W-Wltness) i; ; ;;; 


G Primary 










IXlResponder 










1 1 Witness 










D Victim 










Camera 








_J 


;F6rce:ysed by You : 


.^>ess'Lethni:;::i: : ;; : ::: : ::i:::i;::::::: : : ; 


Lethal Weapons it:: 


Number of Rounds Fired 


Force Observed by You J 


□ Lethal 


G 37mm 


G Mini- 14 


□ N/A 


| Lethal 


[ G Less Lethal 


D Baton 


] Shotgun 


D 


J Less Lethal 


! Q Physical 


D oc 


[ ] Handgun 


□ 


] Physical 


I M None 


D Other: 


J Other 


□ 


IE! None 



Evidence Collected 



Evidence Description 



Disposition 



Weapon 



BIO Hazard 




□ Yes 

E3 No 



N/A 



N/A 



Yes 

E3 No 



Rep 



ortlng SUuT Injured 



Description of Injuiy 



Location 
Treated 



SCIF 3J01/3067 Complete*!! 



G Yes 

M No 



N/A 



N/A 



Yes 



BNo 



Narrative: 

ON SEPTEMBER 24, 1999, AT APPROXIMATELY 0800 HOURS, I ASSEMBLED A GROUP OF SIX 
CORRECTIONAL COUNSELOR I'S TO CONDUCT INTERVIEWS OF THE INMATES, WHICH WORK 
FOR INMATE-DAY-LABOR. THESE INTERVIEWS STARTED AT APPROXIMATELY 0900 HOURS 
AND LASTED. UNTIL 1330 HOURS. NO INFORMATION THAT WOULD LEAD TO ANY ILLEGAL 
ACTIVITY BY INMATE WORKERS OR STAFF IN IDL WAS OBTAINED. 



Reporting Staffs Signature 



zFgfr 




J. FEE, CORRECTIONAL COUNSELOR II 



CC 



Reviewer's Signature 



Approved 



Cinriflcatlon Needed 



U??^ 



■ - ■> 



p4tJ ET 



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(Print in ink or employees can personally type or complete this form on a computer) 
(At no time will this form be completed by anyone oilier than the reporting employee) 



ECOLOGY/IDL SEARCH I 

9-23-99 

0700 WARDEN ADVISED HEISE OF THE NEED FOR A SEARCH PLAN. 

i 

0800 WARDEN INFORMED HEISE TO DEVELOPE A SERACH PLAN FOR ECOLOGY/IDL 

i 

i 
9-24-99 

0700 HEISE BRIEFED SERT 

0730 HEISE BRIEFED ADMINISTRATION STAFF 

0845 SERT WEIGHTS FOUND AT THE ECOLOGY. PETREY INFORMED HEISE THAT SGT. MCCLURE 
FOUND THE WEIGHTS AND WOULD AN ITEMIZED REPORT AND GIVE IT TO MARCY 

0904 BOLT CUTTERS, VARIOUS TOOLS, TORCH, KNIVES FOUND IN OFFICER'S OFFICE AT ECOLOGY 

0906 HEISE INFORMED SERT THAT THE WEIGHTS, LOCKERS, SPEAKERS, RADIOS ETC. IN ECOLOGY 
NEED TO GO. POPKE GETTING A TRUCK. 

09 1 8 FOLGER ADAMS KEY FOUND AND REPORTED TO HEISE IN THE MAIN OFFICE OF IDL. 

0944 HEISE INFORMED SERT THAT ALL OF ECOLOGY NEEDS TO BE SEARCHED. 

094 5 HEISE ASKED OFFICER EKERT TO LAYOUT THE CONTENTS OF HIS LUNCH BOX. EKERT 
COMPLIED. PILLS WERE FOUND, HIESE NOTIFIED ISU. 

1 009 FIRE CHIEF STEPHENS BRIEFED HEISE REGARDING THE GUN POWDER/MAGNISUM CAPSULES. 
CHIEF STEPHES SAID THE CAPSULES SHOULD BE IN A FLAMABLE, SECURED LOCKER IN A 
CONCRET BUILDING. 

1016 HEISE INFORMED KEN KESSLE THAT HE WANTS THE CAPSULES/EQUIPMENT STORED IN A 
SECURED CONCRETE BUILDING NOT AROUND ANY FLAMMABLE MATERIALS, AND 
INVENTORIED. 

1 04 1 HEISE INFORMED SGT. CALHOUN TO GET A TEAM TOGETHER TO SEARCH THE 
FIRESHOUS/LrvTNG QUARTERS. 

1 043 HEISE INFORMED SGT. KIRLAND TO GET AHOLD OF FEE TO FIND OUT IF THE CCI'S RECEIVED 
ANY INTELLIGENCE AND WHEN THE INTERVIEWS ARE COMPLETED THE IDL INMATES CAN 
RETURN TO WORK. 

1052 HEISE CONTACTED FEE, APPROXIMATELY 1/3 OF THE INTERVIEWS ARE DONE THERE IS ONE 
CONFIRMED METH/ONE CONFIRMED THC. 

1115 PERSONAL ADDRESS WAD FOUND IN A LOCKER OF AN INMATE AT THE FIREHOUSE. 

1132 INMATE OLGUE, D04337, IS BEING PLACED IN AD-SEG FROM THE FIREHOUSE. 



LAST TRANSACTION REPORT FOR HP FAX-700 SERIES VERSION: 01.00 

AX NAME: WARDEN DATE: 28-SEP-99 

AX NUMBER: 2099843607 TIME: 11:19 

DAIE TIME RFMOTF FAX NAME -AND NIJMRFR DURATION EG RESULT DIAGNOSTIC 
3-SEP 11:12 S 9163224038 0:06:42 11 OKj 663840100188 



S=FAX SENT 

0=POLLED OUT (FAX SENT) 



D PRINT THIS REPORT AUTOMATICALLY. SELECT AUTOMATIC REPORTS IN THE SETTINGS MENU. 
D PRINT MANUALLY. PRESS THE REPORT/SPACE BUTTON. THEN PRESS ENTER. 



State of California 

MEMORANDUM 

Date: September 14, 1999 

To: See Distribution List 

From: Sierra Conservation Center, Jamestown, CA, 95327 

Subject SECURITY OF SENSITIVE PERSONNEL DOCUMENTS 



On September 5, 1999, Inmate Guyton, H-84870, was being processed for parole. Correctional 
Officer Scott discovered and confiscated numerous post-it notes, which contained personal 
information of staff and private citizens. As a result of this incident, a Task Force has been 
assigned to thoroughly scrutinize the security of sensitive personnel documents at Sierra 
Conservation Center. 

Jim Fee, Correctional Counselor II, is assigned to chair this Task Force. Other staff assigned is: 

> Sandy Gordon, Staff Services Analyst 

> Ford Canutt, Correctional Lieutenant 

> SteVe Lay, Correctional Officer 

> Ralph Storm, Correctional Officer 

> Judy Munden, Business Manager II 

> Janine Benjamin, AISA 

> Irving Torres, Correctional Lieutenant 

> Robert Bird, Correctional Lieutenant 

Attached are the assignments for each of the above staff. Each designated staff is to complete the 
last column titled, "Status and Estimated Completion Date" by Monday, September 27, 1999, 
and submit the status report to Jim Fee. Several of the assignments are labor intensive and 
cannot be completed by September 27, 1999. In these cases, the staff member is to document the 
status of what has been completed and report an estimated completion date. 

If you have any questions or require additional staff resources to complete your assignment, 
please see Jim Fee or Kathy Prosper, Chief Deputy Warden. 




KRAMER 
afden 

Attachments 

cc: All listed staff 
CDW 

B. Heise, AW 
J. Martin, AW 



State of California 



M c in o r a n d u m 



Dat* : September 20. 1999 

to : G. RODRIGUEZ, Chief (A) 

Program and Fiscal Audits Branch 

From Sierra Conservation Center, Jamestown, CA 95327 

sub,*ct : SECURITY OF SENSITIVE PERSONNEL DOCUMENTS AT SIERRA 
CONSERVATION CENTER 

On September 14, 1999 a Task Force was assembled to thoroughly scrutinize the 
security of sensitive personnel documents at Sierra Conservation Center. 

For your review, please find attached: 

1. A Corrective Action Plan which specifically outlines the policies, procedures and 
areas of the institution that will be reviewed and/or inspected by the Task Force. 

2. Copies of all Task Force Audit Inspection Reports submitted regarding those areas 
of the institution that have already been inspected. 

If you have questions or need further clarification regarding those documents and/or 
issues referenced above, you may contact J. Fee, Correctional Counselor II-Specialist at 
the Inmate Assignment Office at extension #5038. 



M. C. Kramer 
Warden 



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OC'07/99 THE 10:56 FAX 916 322 414U INSTITUTIONS DIV ---* SCC ®002 

itaf of California Department of Corrections 



Memorandum 
,ate : MAY 2 1 t999 



Wardens 



ubject; SECURITY OF SENSITIVE PERSONNEL DOCUMENTS 



The purpose of this memorandum is to reiterate the need to have a local 
procedure developed for the security of sensitive personnel documents. 

Please refer to Penal Code, Section 832.8, Departmental Operations 
Manual, Sections 13030.30, 330.10.31.4.2, 33010.31.4.3, 33010.31.4.4, 
33010.31.4.5. 33010.31.4.6, and 33010.31.5. 

Documents that contain any of the following information on an employee 
or an employee's family needs to be secured at all times: 

• Addresses 

• Telephone numbers 

• Drivers license numbers 

• Social Security numbers 

• Any other sensitive information 

This would include documents such as time sheets, In-Service-Training 
sign-in sheets, accident reports, Travel Expense Claims etc. These 
documents should be stored in a secure, lockable container at all times to 
ensure the security of sensitive employee information. 

In addition to document security, provisions need to be in place for the 
secure storage of personal items such as purses and briefcases while the 
employee is at their work site to prevent any inmate access. 



1117 <3/(S) 



uv u7 WW lit U 50 FAl t»l<> »*f 414U lNSTni'TlUNS D1Y +++ SCC ^UU3 



Wardens 
Page 2 



If you have any questions, please contact your Regional Administrator. 
For technical questions, please contact Kurt Rost, Associate 
Governmental Program Analyst, Program Support Unit, at (916) 323-8380. 
CTCIIM SIGNED BY 
DAVE TRISTAN 

DAVID TRISTAN 
Deputy Director 
Institutions Division 

cc: Lewis N. Jones Jesse Edwards Chris Weaver 

K. W. Prunty Robert McKee LTanya Eddings 

M.T. Pickett Holly McDonald Kurt Rost 

Bill Dieball Maria Lucy Armendariz 

John R. Depue Ken Hurdle 



State of California 



Memorandum 

Date : gegtembeM^lP^ 



To 



ALL STAFF 



From 



Sierra Conservation Center, Jamestown, CA 95327 



subject : SECURITY OF PERSONAL & CONFIDENTIAL INFORMATION 



Recently, an incident occurred involving an In-Service Training (1ST) Inmate Clerk and 
the lack of proper security of personal and confidential information. On September 5, 
1999, while searching the inmate's personal property during parole check-out, staff 
discovered a 3 1/2" floppy computer disk (containing a State Purchase Order form and 
his personal resume), and various pieces of paper containing confidential information 
regarding approximately fifteen (15) Sierra Conservation Center (SCC) employees. 

Subsequently, an investigation was initiated and is ongoing at this time. However, 
preliminary reports have determined that the inmate in question acquired various types of 
information (i.e. Social Security Numbers, personal telephone numbers, personal home 
addresses, and dates of birth), on a number of SCC employees. 

At this time, an assessment of all available evidence (which includes the results of a 
comprehensive poly-graph examination conducted on 09/09/99), reveals that this 
information, although not used to the best of our knowledge, was intended to be used in 
the furtherance of the crime of Credit Card Fraud upon the inmate's parole. As such, we 
are thankful for the professional diligence of our staff in R&R who conduct thorough 
searches of all inmate property whether it is entering or exiting the institution. 

In the future, please note that you can do your part to prevent the loss of confidential 
information: 



• Never turn documents such as travel expense claims, fund raiser, or personal 
checks over to an inmate clerk for processing. As well, do not place such 
documents in an unsecured institutional mailbox. 

• Do not leave donated or personal magazines, books or newspapers lying around 
at the work site with your personal mailing address on them. 

• While wearing your State ID. Card on the outside of your clothing, please 
assure that the card is secured properly to your garment to prevent accidental 
loss. Also, do not publicly display the reverse side of your ID. Card while 
interacting with inmates as the back of this card contains such critical 
information as your date of birth, height, weight, eye/hair color and California 
Drivers License number. 



• When discarding confidential or highly sensitive documents the material to be 
discarded should not just be placed in a bag labeled "Hot Trash" and set aside 
for pick-up but rather such documents should be shredded by you personally. 

• Do not post personal information, such as your home telephone number and 
address, on the bulletin board located in the main Snack Bar lobby when selling 
personal property. 

• While exiting your personal vehicle in the employee parking lot please ensure 
that your vehicle doors are locked and that all sensitive documents such as 
personal mail or "For Sale" signs do not expose sensitive information (i.e. your 
home telephone number or personal mailing address). 

Your attention with this matter is greatly appreciated. If you have any questions 
regarding this memo, or if you feel that any of your personal information has been 
compromised, please feel free to contact my office at extension 5422. 




M 
Warden 



State of California 

Memorandum 

Date : September 20, 1999 

to : JIM FEE 

Correctional Counselor II 
Task Force Coordinator 

From : Sierra Conservation Center, Jamestown, CA, 95327 

subject :SECURITY OF SENSITIVE DOCUMENTS TASK FORCE REFERENCE MATERIAL 

After review of CDC/SCC policies and procedures relating to security of sensitive documents and 
computer-related security the following are currently in place for reference: 

1. CDC DOM Section 13030, Information Practices: specifically subsections: 13030.2 through 
13030.9, 13030.23, and 13030.30 (Security of Records) through 13030.32. 

2. CDC DOM Section 14060, Records Management: specifically subsection 14060.7.8. 

3 . SCC DOM Supplement to 2 1 070 Gifts and Donations 

4. DOM 33010.31 through 33010.31.4.3 Personnel Policies (Rev 7/99) 

5. CDC DOM Section 49060, Special Security Considerations 

6. SCC DOM Supplement to 51 100, Employee Services 

7. SCC OP #010, Education Services, Section VI. Computer Security 

8. SCC OP #01 1, Information Systems Security and Guidelines 

9. CCR Section 3041 .3 Inmate Access to Computers (NCDR Rule Change #99/03) 

10. Records Retention Handbook 1998 (in various locations throughout the institution) 

After review of the following data, I recommend the following measures be taken to promote staff 
awareness regarding sensitive personnel documents: 

• 22070 Employee Personal Property SCC supplement should include the sensitivity of 
sanitizing magazines and other personal material. Also, storage of purses, briefcases, etc. 
away from inmate access. I will be completing this by 10/15/99. This is shown as Item #2 
on your action plan. 

• Our procedures clearly and adequately outline ' systems and software (disk) security. 
However, it appears we are not in compliance with Information Practices, Subsection 
13030.3.1, Training, in that SCC employees are not "provided general training in policies, 
procedures and regulations governing the collection, maintenance, use, disclosure, and 
destruction of personal information." This could be incorporated into the 7K and/or 
"Correctional Awareness" portion of Block Training. I was a T-4-T instructor for 



Security of Sensitive Documents 
Page 2 " 



Information Practices years ago and have provided 1ST with an old lesson plan to work 
off of. This training has not been in the curriculum for a long time. The lesson plan will 
be expanded to meet current security needs. 1ST has advised me that staff training could 
be completed through 7K by the cycle ending 10/25/99. 

• DOM Sections 62010 Classification and/or 53010 IWTIP should delineate the criteria for 
which an inmate may be assigned to a computer job/ vocational program assignment from 
classification to AISA review, etc. before placed in that assignment. This is shown as 
Item #3 on your Corrective Action Plan and an addendum to the above two supplements 
is being authored by F. Canutt and is estimated to be completed by 10/15/99. 

Please contact me for copies of any of the above information or you may review the material 
in my office in Room 147 of the Administration Building. 

I may have further data as the task force performs its review of inmate access to 
sensitive/confidential information. 

If you have any questions, please contact me at extension 5533. 




-s'** 



SANDO^GORDON 

Staff Services Analyst 

cc: F. Canutt 
J. Munden 
J. Benjamin 
S Lay 
I. Torres 
R. Storm 
R. Bird 



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K65475 


ROOT 


4T2 


00000000211L 


19981023 


COM%3.001 


CRP CLERK 




P10955 


GONZALE-TO 


6T1 


0000000037U 


19981026 


TEA%4.147 


TUOL EDUC CLERK/AIDE 




P06609 


BREWART 


CAC 


31 0000001 2L 


19981026 


CLK%3.118 


VOCATIONS CLERK 




E71339 


CAMERON 


CAB 


240000001 1U 


19981029 


CLK-2.026 


CLK CUL CUSTODY 3AV 




P12490 


WILSON 


3T2 


0000000021 4L 


19981029 


TEA%3.141 


TUOL ABE 1-2 AIDE 




K36136 


CASTILLO 


4T2 


00000000240U 


19981029 


TEA%4.146 


TUOL EDUC CLERK/AIDE 




H20915 


GRAY 


CAC 


320000001 5U 


19981102 


CLK-3.124 


CAL UNIT 2ND CLERK 3A/V 




J45186 


HERFI 


MAD 


4200000003L 


19981105 


CLK-2.054 


MAR HOUS/STAT CLK 




P13774 


MUNIAIN 


MAF 


750000001 4L 


19981105 


CLK-4.013 


WATCH OFC RELIEF CLERK 1/W 




E96366 


RENTERIA 


GYO 


00000000063L 


19981110 


CLK-3.032 


MAR CUST/DISP CLK3A/V 




C97323 


MASQUARTE 


GY1 


000000001 46L 


19981112 


CLK-5.569 


EHU ORIENT CLK/JAN 




C97323 


MASQUARTE 


GYO 


00000000031 L 


19981112 


CLK-5.569 


EHU ORIENT CLK/JAN 




J91354 


SCOTT 


MAE 


6000000007U 


19981124 


CLK-3.285 


DUCAT CLK WATCH OFC 




D41482 


STARK 


6T1 


000000001 OL 


19981209 


CLK-3.481 


TUOL HSNG CLERK BLDG 6 3AV 




H75727 


CHEEK 


GYO 


00000000044U 


19981210 


CLK%N.408 


EHU 3AV CLERK 




P15078 


FANIEL 


MAF 


7300000006L 


19981210 


TEA%2.106 


ACADEMIC AIDE 




P13201 


ROMERO 


MAE 


5100000002U 


19981215 


CLK-2.173 


CLERK LAUNDRY/DRYCLEANER 




P14956 


MCCOY 


CAC 


300000001 2L 


19981217 


CLK-2.123 


CAL UNIT LEAD CLERK 3AV 




P15224 


GONZALES 


CAC 


3000000003L 


19981222 


CLK-2.249 


HOSP CLERK TYPIST 




J74333 


MYLAS 


GYO 


00000000030L 


19981223 


CLK-2.250 


HOSP CLERK TYPIST 




P20523 


BURSEY 


MAF 


6400000007L 


19981228 


CLK-3.206 


l/M ASSIGN 103B CLK 




K54044 


TORRES 


6T1 


0000000048L 


19981229 


CLK-N.706 


TUOL BLDG #6 CLK 3/W 




J65914 


ROBERTS 


1T1 


000000001 20L 


19981230 


TEA%3.140 


TUOL ESL AM AIDE 




P17551 


TORRES 


MAE 


520000001 3L 


19990108 


CLK%3.106 


COMPUTER LAB CLERK 




D81747 


MC CANN 


3T1 


000000001 22L 


19990112 


CLK-4.482 


TUOL HSNG CLERK BLDG 6 RELIEF 




D81747 


MC CANN 


3T1 


000000001 22L 


19990112 


CLK-3.480 


TUOL HSNG CLERK BLDG 6 2/W 




P20657 


HARRIS 


3T2 


00000000234U 


19990112 


CLK%4.142 


GED CLERK 




P18067 


CORDTZ 


CAA 


0600000007L 


19990114 


CLK-2.215 


(P) MAINT. STOCK CLK 




P18722 


YOUNG 


CAC 


2700000002L 


19990120 


IAC-3.002 


MAC CLERK 




K83896 


CONTRERAS 


MAE 


5800000004L 


19990125 


CLK-4.055 


MAR PHONE CLK 




P20669 


XIONG 


MAE 


570000001 2L 


19990126 


CLK%3.122 


VOC MILL & CAB CLERK 




P19857 


CHATHAM 


MAE 


51 0000001 4L 


19990127 


CLK-4.056 


RELIEF CLK AM/PM 




J44338 


TYLER 


MAF 


660000001 2L 


19990127 


CLK-4.012 


WATCH OFC CLERK 1 Art/ 




H91544 


MASHBURN 


CAA 


1 20000001 8L 


19990128 


CLK-N.049 


CAL RADIO ROOM WORKER 




P17479 


LEGG 


MAE 


560000001 4L 


19990128 


CLK%3.108 


PRE-RELEASE CLERK 




P22499 


DEFAZIO 


MAE 


5300000007U 


19990128 


CLK-2.031 


MARCLK3AV 




K84003 


EGGLESTON 


5T2 


00000000208L 


19990128 


GAR-G.001 


PIA ADMIN CLERK 




P24239 


FRASER 


MAD 


430000001 4L 


19990202 


TEA%3.100 


ACADEMIC AIDE 




P16480 


GONZALES 


CAB 


2500000003L 


19990202 


CLK-4.255 


HOSP BILING INTERPRETER 




J89110 


BILLIARD 


CAB 


260000001 5L 


19990205 


CLK-5.106 


CAL PHONE CLERK AM 




P21755 


GILLASPIE 


CAC 


2800000009L 


19990210 


CLK-N.010 


INMATE ASSIGNMENT TRAINEE 




K78814 


BARRERA 


CAA 


070000001 2U 


19990216 


CLK%3.107 


EDUCATION CLERK 




P14501 


RUBIO 


MAF 


6700000002L 


19990219 


CLK-2.040 


(P) SNACK BAR CLERK 




H42286 


THIERRY 


MAD 


4200000008L 


19990224 


CLK-5.052 


MAR PHONE CLK/PTR 




P23694 


GRIFFIN 


MAE 


61 00000001 U 


19990224 


TEA%3.102 


ACADEMIC AIDE 




K41405 


CORKER 


CAC 


3700000002L 


19990308 


CLK-N.048 


CAL RADIO ROOM WORKER 




J89418 


PARKER 


CAB 


220000001 OL 


19990310 


CLK-3.287 


WATCH OFC CLK 3A/V 




P18184 


DANIEL 


MAF 


6900000011U 


19990310 


TEA%4.109 


ABE l-ll AIDE 




P25443 


JAMES 


MAE 


5800000009L 


19990312 


CLK-2.246 


HOSP INFIRM CLK AM 




P28113 


HUTCHINSON 


MAF 


660000001 6U 


19990312 


TEA%3.107 


ABEI-II AIDE 




P06081 


WILSON 


CAA 


040000001 2U 


19990316 


CLK-3.288 


DUCAT CLK WATCH OFC 




P21565 


MCCALL 


CAB 


2300000005L 


19990316 


OWC-4.150 


CREW 3 TOOL CLERK 




D06275 


MELERO 


MAD 


4200000006L 


19990317 


CLK%3.110 


EDUCA/OC PREP CLERK 




J78474 


ALANIZ 


1T1 


000000001 18L 


19990318 


TEA%3.144 


TUOL ESL AM AIDE 




P27445 


STAGGS 


CAA 


01 0000001 OU 


19990318 


CLK-N.046 


CAL RADIO ROOM WORKER 





Page 2 



All Clerks 



9/15/9 



CDC NAME 


YARD 


BED 


ArnvedScc 


ASSIGN 


DESCR 


CLERK SINCE 


K77805 LEWIS 


CAC 3OOO0O0O04U J19990318 


CLK-5.045 


CAL RADIO ROOM WORKER 






HAYES 


MAE S60000001 8U 


19990323 


TEA%4271 


VOC SILK SCREENING 




HOOffM 


STEPHENSO 


00000000239L 


[19990331 


CLK-2.474 


TUOL FRIENDS OUTSIDE CLERK 




P29417 


BURGOS MAD 50000000041 


19990331 


CLK-N.057 


MAR VISIT RUNNER 




WQSM [PEREZ 


CAB 


1800000008L 


19990405 

iooorwin7 


CLK-N.107 


CAL REL PHONE CLERK 

PI ANT OP 1 ? CI FRK TYPIST 




rioum 1 VUt.N ! iWv . 

P23800 


CAA 


0700000016U 


19990408 


CLK-4.138 


CAL UNIT CLERK 




QBQ30 


CHAMBERS 


CAA 


02O000O006L 


19990414 


CLK^.102 


CAL CCII CLERK 




JONES 


MAD 


440000001 7L 


19990414 


CLK-4.301 


R&R SECOND CLERK 2AV 




P^>'93 


DAVIDSON 


CAB 


17OOOOO016L 


19990414 


CLK-2.039 


CAMP TECH FOOD RATION CLK-MA 




K00702 


ATHERTON 


MAE 


560000001 6L 


19990415 


CLK%2.198 


(P)PHYSICAL FITNESS CLERK 




K24696 


SMALL 


MAF 


7500000004U 


19990415 


CLK-3.371 


MUSLIM CLERK 




JS8636 


JIMENEZ 


MAD 


4600000001 L 


19990419 


CLK^l.034 


MAR YARD CLK 3/W 




P27665 


ROMINE 


MAD 


4200000004U 


19990419 


CLK-4.058 


MAR YARD CLERK AM 




P31669 


FELIX 


3T1 


000000001 18L 


19990419 


TEA%3.145 


g£daide 




E060O4 


SULLIVAN 


5T2 


00000000206L 


19990420 


CLK-4.459 


TUOL BLDG #5 CLERK - AM 




P29421 


.DOMINGUEZ 


MAD 


5O00000004U 


19990421 


CLK-3.053 


MAR CUST/DISP CLK 




P 29495 


SMITH 


CAA 


1000000009U 


19990421 


CLK-2.002 


CLK TYPIST PROCUREMENT 


. 


P32992 


(ZIZUMBO 


MAE 


58000000O2L 


19990422 


CLK-3.348 


CATHOLIC CHAPLAIN CLERK 




E54662 


TRILLO 


CAA 


05000000021 


19990422 


CLK-N.127 


CAL UNIT PHONE CLERK 3A/V UTIL 




J88873 


[PRATT 


CAA 


040000001 5U 


19990429 


CLK%2.202 


PROCUREMENT DOC CLK 




P31815 


GUTIERREZ 


CAA 


0600000004U 


19990430 


CLK-4.105 


CAL CLERK AM 




P26678 


WHITE 


MAF 


7300000001 U 


19990430 


|TEA%3.101 


ACADEMIC AIDE 




K40264 


FISKE 


GYO 


0000000001 3L 


19990502 


CLK%3.317 


IASA CLERK/AIDE EDUC 




P31773 


POWELL 


CAA 


0700000008U 


19990503 


CLK-4.047 


CAL RADIO ROOM WORKER 




P03S65 


FRANK 


MAE 


51 00000001 U 


19990504 


CLK-4.109 


MARIPOSA TIMEKEEPING CLERK 




K8669S 


MIRANDA 


MAD 


450000001 4U 


19990505 


CLK%3.105 


PRE-RELEASE CLERK 




P29474 


TYRER 


CAB 


1700000006U 


19990506 


CLK-4.205 


l/M ASSIGN ROVER/135 CLERK 




J02454 


AVI LA 


CAA 


020000001 OU 


19990506 


CLK-2.037 


fP) CAMP RATIONS CLERK 




P34278 


VIRGER 


MAF 


680000001 7U 


19990506 


CLK-4.033 


MAR REL CLK 3/W 




J63171 


HART 


4T1 


000000001 01 U 


19990508 


IAC-3.014 


TUOL MAC CLERK 




J83171 


HART 


4T1 


000000001 01 u 


19990508 


IAC-3.014 


TUOL MAC CLERK 




P31798 


TIGNER 


MAF 


7100000007U 


19990511 


CLK%2.199 


RECREATION CLERK 




D48266 


YANKO 


MAD 


460000001 5L 


19990511 


CLK-3.305 


R&R CLERK 3/W 




P34291 


LARGENT 


CAB 


1 60000001 7U 


19990511 


CLK%2.235 


CAMP CLERK 




P30443 


OSORIO 


MAD 


420000001 8L 


19990513 


CLK-4.256 


HOSP BILING INTERPRETER 




J79487 


PATTIS 


CAA 


050000001 5U 


19990517 


CLK-N.126 


CAL UNIT PHONE CLERK 3/W 




P34281 


MARTIN 


CAB 


1300000009U 


19990517 


CLK-3.175 


CLOTH RM CLERK 




J17966 


DEWITT 


MAE 


600000001 OL 


19990517 


TEA%2273 


VOC SILK SCREENING 




C78270 


JOHNSON 


4T2 


00000000223L 


19990524 


CLK-4.423 


TUOL BLDG #1 CLK -AM 




J95538 


CHAIREZ 


CAA 


030000001 7U 


19990525 


CLK-4.162 


CAL YARD CLERK AM 




P30529 


FLORES 


MAE 


51 0000001 3U 


19990525 


CLK-N.153 


MAR YARD CLK 3/W 




P31944 SELBY 


CAA 


0200000004L 


19990527 


CLK-4.104 


CAL CLERK AM 




P26416 (FELTON 


CAA 


0900000002U 


19990527 


CLK-4.360 


PROTESTANT CHAPLAIN 2ND CLK 




E71244 |SERNA 


HSO 


00000000001 U 


19990603 


CLK-5.052 


MAR PHONE CLK/PTR 




C42186 


ANDERSON 


MAE 


5700000006L 


19990604 


CLK-3.286 


WATCH OFC DUCAT CLK 3/W 




K81224 


LE 


3T2 


0000000021 8U 


19990607 


CLK-4.498 


TUOL UNIT RELIEF CLERK 




P34534 


PIANTANIDA 


GYO 


00000000065U 


19990616 


TEA%3.103 


ACADEMIC AIDE 




P35O07 


YOUSEPH 


CAC 


3100000005U 


19990616 


CLK-N289 


WATCH OFC CLK TRAINEE 




K86935 


WILSON 


CAA 


0800000001 U 


19990617 


TRA-2.021 


TOOL CLERK 




P37175 


CAMERON 


MAD 


41 0000001 7U 


19990617 


CLK-N.011 


INMATE ASSIGNMENT TRAINEE 




P29305 'HALL 


GYO 


00000000040U 


19990617 


CLK-4.301 


R&R SECOND CLERK 2/W 




P40176 


MALDONADO 


MAF 


7200000006L 


19990622 


TEA%3.106 


ACADEMIC AIDE 




J38922 


WIGINGTON 


MAE 


580000001 7L 


19990622 


CLK-N.303 


R&R CLERK TRAINEE 




P36048 


FRANCO 


MAD 


4800000005U 


19990622 


TEA%N.110 


ESL EDUC AIDE (MAIN) 




P36874 


BARRIOS 


CAB 


230000001 3U 


19990623 


CLK-2.261 


DENTAL CLERK 




P40505 


PIERCE MAE 


530000001 6L 


19990624 


CLK%3210 


GYM ISSUE ATTENTDANT CLERK 




J85816 ISTAFFORD 


GYO 


00000000045L 


19990626 


CLK-2.567 


EHU3W CLERK 




P40206 jKOZA 


CAB 


1700000008L 


19990630 


CLK-2.013 


CLK CUL LEAD 2/W 




P31836 |HOLLARN 


MAE 


520000001 6L 


19990701 


CLK-2.272 


WATCH OFC CLERK 2AA/ 




K07264 |HALL 


CAB 


2600000008L 


19990702 


CLK-N.139 


CAL RELIEF CLERK 




E90055 jNEFOS 


CAC 


350000001 5U 


19990706 


CLK%3.121 


VOC MASONRY CLERK 




P42838 JSTEARNS 


CAA 


1100000012U 


19990706 


CLK-2.202 


TIME GAP CLERK 




J48333 BARTLETT 


MAF 


6900000002U 


19990707 


CLK%2.100 


OFC SUPV EDUC CLERK 




K34058 WHITE 


5T2 


00000000208U 


19990707 


CLK-2.201 


fR TUOL UNIT CLERK 






Page3 



All Clerks 



9/15/9 



CDC 


NAME 


YARD 


BED 


ArrivedScc 


ASSIGN 


DESCR 


CLERK SINCE 


P39746 


PADILLA 


MAD 


4000000007L 


19990707 


CLK-5.051 


MAR CCII INTERP/PTR 




J07465 


MCGRANAHA 


CAA 


020000001 2U 


19990707 


CLK-5.150 


CAL YARD CLERK TRAINEE 3A/V 




J30557 


NORTON 


CAA 


070000001 5U 


19990713 


CLK-4.108 


CAL TIMEKEEPER CLERK AM 




P41821 


HANEY 


MAF 


7100000009U 


19990714 


CLK-3.204 


INMATE ASSIGN ROVER/135 CLERK 




K53430 


FIGUEROA 


MAD 


4000000001 L 


19990714 


CLK-4.203 


CLASSIFICATION CLK/ TYPIST 




J72341 


SMITH 


MAE 


6200000006L 


19990714 


CLK-N.302 


R&R RELIEF CLERK 2/W 




P40562 


APARICIO 


MAF 


6700000001 L 


19990715 


CLK-N.273 


WATCH OFC CLERK 2/W TRAINEE 




P39853 


URCIEL 


CAB 


2400000006L 


19990715 


CLK-N.111 


CAL VISITING RUNNER 




P38106 


ENGLAND 


CAA 


1 20000001 4U 


19990719 


CLK-N.151 


CAL YARD CLERK TRAINEE 3A/V 




D50736 


HILL 


CAB 


2200000005L 


19990720 


CLK-4.125 


CAL YARD LEAD CLERK 3W 




P40663 


RODRIQUEZ 


MAF 


700000001 1U 


19990720 


TEA%4.108 


ACADEMIC AIDE 




H26767 


WELCH 


4T1 


000000001 10L 


19990722 


CLK-4.497 


CLASSIFCATION CLERK 




K78810 


REYNA 


MAF 


6300000007U 


19990804 


CLK%2.101 


OFC SUPV EDUC CLERK 




P42964 


GAGE 


MAD 


420000001 OU 


19990810 


CLK-3.032 


MAR CUST/DISP CLK 3/W 




J98638 


BOWEN SR. 


CAC 


380000001 5L 


1999081 1 


CLK-2.109 


(P) CAL LT CLERK 




J38923 


HUGHES 


MAE 


5300000001 L 


19990817 


PHO-2.001 


(P)PHOTO LAB CLERK 




E74236 


COLEMAN 


3T2 


00000000221 L 


19990819 


CLK-4.435 


TUOL BLDG #3 CLERK - AM 




H84010 


WALLACE 


6T1 


000000001 6U 


19990823 


CLK-4.482 


TUOL HSNG CLERK BLDG 6 RELIEF 




P20194 


MC DERMOT 


CAA 


040000001 4L 


19990824 


CLK-3.359 


(P) PROTESTANT CHAPLAIN CLK 




H04646 


HOLLOWAY 


MAE 


580000001 2L 


19990825 


CLK-4.035 


MAR YARD REL CLK 3AV 




C35239 


ALLEN 


4T1 


000000001 14L 


19990826 


CLK-3.131 


TUOL CHAPLAIN CLK/PTR 




P28947 


DELEE 


GYO 


00000000003U 


19990827 


CLK%4.111 


ACADEMIC CLERK 




P28947 


DELEE 


GYO 


00000000003U 


19990827 


CLK%4.111 


ACADEMIC CLERK 




P41493 


DOLIN 


CAC 


330000001 5U 


19990903 


CLK-4.014 


CLK CUL TRAINEE 2/3AV 




J01538 


WILKS 


CAA 


090000001 8L 


19990904 


CLK-3.603 


FTP 3RD CLERK 




P15097 


PASSON 


CAB 


1 60000001 6U 


19990904 


CLK-2.602 


FTP 2ND CLERK 





Page4 



State of California 



Memorandum 



To James Fee 

Correctional Counselor II 



From Sierra Conservation Center, Jamestown, CA, 95327 

subject : SECURITY AUDIT OF IN-SERVICE TRAINING FILES 



The purpose of this memorandum is to provide you with an update on the security audit of 
employee files in the In-Service Training Department. 

As of September 28, 1999, 1ST staff have audited a total of 819 employee files. As there 
are a grand total of 1,150 files, there are 331 files remaining. Estimated date of 
completion of the remaining files is October 27, 1999. 

Sensitive information including full social security numbers, home addresses, birthdates 
and telephone numbers were found on the following documents: 

1 . Modular quizes 

2. Academy Certification (PC 832) 

3. New Employee Information Sheets 

4. Educational Incentive Pay Forms 

5. Apprenticeship Agreement DAS . 

6. Veteran's Administration Form 

7. Range Scoresheet 

8. Check Out Sheet 

9. Medical Certificates 

10. Medical History 

1 1 . Supervisor's Certificate of Salary Adjustment 

12. Academy Cadet Evaluations 

In addition, the 7K training period which runs from October 4, 1999, through October 31, 
1999, will include a class on the Information Practices Act specifically covering security 
of sensitive documents. 

If you have any further questions or concerns, please contact me at extension 5463. 




Correctional Li eutenant 
1ST Manager 



StatP of California 



Memorandum 



Date : September 17, 1999 

To : J. Fee 

Correctional Counselor II 
Task Force Chairman 

From Sierra Conservation Center, Jamestown, CA 95327 

Subject : SENSITIVE DOCUMENTS TASK FORCE 

As a member of the Sensitive Personnel Documents Task Force, my role was to conduct a search 
of all mailboxes in the foyer and report any findings of sensitive personal information found. 

On Wednesday, September 15, 1999, with the assistance of Correctional Sergeant J. Hurtado, I 
• conducted the search and found several pieces of mail containing 'sensitive' information. 

In the mailboxes for each unit or division, the following was found: 

^ 1ST: A certificate containing an employee's name and address, apparently mailed by the 
Medical Department. 

^ Records: A copy of a PERS Health Benefits form for a Records employee apparently mailed 
by Personnel. 

^ Medical: A copy of a PERS Health Benefits form for a medical employee again apparently 
mailed by Personnel. 

^ Calaveras Unit: An Employee Action Request form for an employee assigned to the unit 
apparently mailed by Personnel. 

^ Mariposa Unit: An Employee Action Request form for an employee assigned to the unit 
apparently mailed by Personnel. 

^ Personnel Assignment: Employee badges mailed from RA McGee Correctional Training 
Center. 

^ Personnel: Employee Action Request forms and FLSA Employee sign-in timesheets. The 
employee apparently mailed the Employee Action Request forms to Personnel. The FLSA 
sheets were placed in the mailbox after the Custody Captain's review. 

It should be noted that several unit or division mailboxes contained computer disks. Some of the 
disks were labeled for a specific area and day from Records. Other disks without labels were in 
some of these mailboxes. The unlabeled disks were checked for sensitive information, however, 
none was found. 

The alphabetical staff mailboxes contained the following sensitive information: 

^ Notice of Personnel Action 
^ Employee Action Requests 
^ Garnishment Orders 

> Time Release Bank Form 

> SCIF 3301 & SCIF 3067 Workman's Compensation forms. 
Personnel apparently mailed these items to the employees. 



SINSIIIV! IHK'I MINIS I ASK FORCE 

k BIRD 
PA01 2 01 2 



> I r.i\ il Expense claims returned to the employee by the Travel Audit Unit 

^ Vehicle registration from DMV to an employee whom used the institution's P O Box 

^ Bank statement listing an employee's name and address. 

► 1 usting of approximately twenty custody staff phone numbers. 

^ Two large envelopes mailed from CDC Selection Support Section to SCC, Attention A. 
Young, containing original fingerprint cards and copies of other fingerprint cards, which were 
appa r e n tly returned by DOJ. The institution does not have an employee by the name of A. 
\ oung. 

I retained all the documents, which contained sensitive information, until I was able to deliver 
them to the appropriate employee. The envelopes containing fingerprint cards were given to 
Bonnie Gate, IPO 

Some of the mail containing sensitive information was sealed and labeled in red letters 
'Confidential', however, some were labeled 'Confidential' in blue or black ink, while others were 
not labeled 'Confidential' nor sealed. 

To comply with the memorandum dated May 21, 1999, tided "Security of Sensitive Personnel 
Documents", the institution would need to provide mailboxes in a secure area where inmates are 
not allowed — such as the Watch Office or Control. Or, the institution would need to provide 
locking mailboxes with a key being kept by the Foyer Officer. Whenever an employee needed in 
the mailboxes, they would obtain the Key from the Foyer Officer, retrieve their mail, secure the 
mailboxes, and return the key to the officer. 

If the institution chooses to relocate the mailboxes, there is a vacant room next to the Personnel 
Assignment Office (located on the Plaza). The mailboxes could be located in this room, which is 
secured, and could be keyed to a common lock used in numerous areas. 

This concludes my assignment for the Task Force, unless otherwise directed. 

R. BIRD 

Correctional Lieutenant 

Personnel Assignment/Central Division 



SECURITY OF SENSITIVE PERSONNEL DOCUMENTS 
AUDIT INSPECTION REPORT 



AREA: 
FIRE HOUSE 



DEPARTMENT: 
BUSINESS SERVICES 



SUPERVISOR: 
CAPTAIN G. STEPHENS 



INMATE NAMES IN AREA 



NUMBERS 



l.CORBITT 


K07986 


2. 




3. 





[ ] IN COMPLIANCE 



[X] NON-COMPLIANCE 



The following discrepancies have been identified in your assigned area. These discrepancies are to be 
corrected by: 



G. STEPHENS 



And re-inspected by the Audit Team 
SPECIFIC VIOLATIONS: 



1. INACCURATE INVENTORY OF COMPUTER DISKS 



2. TWENTY UN-INVENTORIED 1.44 FORMATTED FLOPPY DISKS FOUND IN POSSESSION OF INMATE CLERK 



3. GREYHOUND BUS SCHEDULES FOUND WITH COMPREHENSIVE MAP OF AREA NEAR PRISON 



4. 837-C FOUND IN POSSESSION OF INMATE CLERK OF INMATE SUICIDE (WOODS J47523) AUTHORED BY SGT. 
T. WEDEL 



5. CLEAR LAMINATION SHEETS FOUND IN INMATE LOCKER (COULD BE USED TO FORGE GATE PASS) 



e/ER ONE HUNDRED FLOPPY DISKS IN INMATE POSSESSION-TEAM SUGGESTS CUTTING DOWN THE 
IBER 



STAFF INVOLVED IN INSPECTION 
C/OS. C. LAY 



C/O R. STORM 




DATE 



?-/fc-99 



DATE: 



J~/*~f? 



JANINE BENJAMIN-INFORMATION SYSTEMS 
ANALYST ///&^ DATE_ 



SIERRA CONSERVATION CENTER 
SI 11 fR] IV OF SENSITIVE PERSONNEL DOCUMENTS 

SEPTEMBER 1999 ^ 

-\KI V 



URL HOISL 



1)1 P \R I Mi -NT: 



LUS1NLSS SERVICES 



SPECIFIC REASON FOR NON-COMPLIANCE (CONT) 



7. INMATE HAD COMPUTER GAMES ON COMPUTER AND DISK 



8. INMATE HAD PASSWORD TO COMPirTER IN FIRE HOUSE OFFICE 



9. TELEPHONE IS UNPROTECTED FROM INMATES CALLING OUTSIDE 




u. POUND MAGAZINE IN AREA WITH FIREFIGHTER WOOD'S HOME P.O. BOX 



SECURITY OF SENSITIVE PERSONNEL DOCUMENTS 
AUDIT INSPECTION REPORT 



AREA: 



- ^JNMATE DAY LABOR 



DEPARTMENT: 



BUSINESS SERVICES 



SUPERVISOR: 



KEN KUSLER 



INMATE NAMES CDC NUMBER 



1. COLE 


J74896 


2. BUNDESON 


K83175 


3 DAVIDSON 


J33555 



[ ] IN COMPLIANCE [X] NON-COMPLIANCE 



The following discrepancies have been identified in your assigned area. These discrepancies are to be 
corrected by: 



K. KUSLER 



And re-inspected by the Audit Team 



SPECIFIC VIOLATIONS: 



1. FOUND ORIGINAL 1697 TIME SHEETS AND COP ^s nFTTMFPABn mmm f swffts t n INMATE DAVIDSON'S 



DESK DRAWER. INMATE APPEARS TO HAVE ACCESS TO ALL ORIGINAL 1697 FILES IN FILE CABINET 



2 FOl TND Rf C piwnuFM pATTON LETTERS WRITTEN BY INMATES FOR INMATES TO TAKE OUT ON THE STREET 



ON INMATE ACCESS COMPUTER. ALSO DISCOVERED SEVERAL GAMES ON BOTH COMPUTER AND DISKS 



3. (200) 1.44 FLOPPY DISKS FOUND IN INMATES DESK WITH NO INVENTORY OF DISKS EVER CREATED 



4. INMATE DAVIDSON ADMITTED TO BACKING UP FTLES ON NO INMATE ACCESS ALLOWED COMPUTER 



(* " ^ S AF g rfmNSTSTTNG OF A FELT PEN THAT HAD THE END MELTF n and thf tmsttifs H OLLOWED OUT) 



WAS FOTTND tm immatf nAvm«;nM's rffSK nRAWFT? 



STAFF INVOLVED IN INSPECTION 

C/OR. STORM R^Yy~ /-) DATE ^-ZO-^H 




C/OS.C. LAY - \ 7V V^T^T^ DATE: 



^^2<^-^ ^ 



JANINE BENJAMIN INFORMATION SYSTEMS NALYST J^/tUM/Jjj^^/rPU^A^^ DATE 7/2&/9*9 



&U/< 



STERRA CONSERVATION CENTER 
SI CI IRTTY OF SENSITIVE PERSONNEL DOCUMENTS 

SEPTEMBER 1999 

ARI \ 



INMAIL DAY LABOR 



DEPARTMENT: 



BUSINESS SERVICES 



SPECIFIC REASON FOR NON-COMPLIANCE (CONT) 



6. (10) ZIP DISKS FOUND IN INMATE DESK-UNINVENTORIED 



7, DETAILED MAP OF AREA AROUND PRISON FOTTND TN nF.NF.RAT. AKFA OF TKMATF gEjjKS 



{ ' 8. MANY PERSONAL FILES OF INMATE CLERKS FOUND ON HARD DRIVE INCLUDING PERSONAL RESUMES 
9. MAGAZINE FOUND IN INMATES HFSK WTTH tt>t wnp jf^p j^ttu dauhc un \/n: afifippq*; on tt 



10. FIFTY PIERCING RINGS FOUND IN INMATE DAVIDSON'S DESK DRAWER OF THE KIND FOUND ON THE 



CALVERAS AND MARIPOSA YARDS IN THE LAST SEK MONTHS 



(T^'"' ™ TFt fph^n FS WTTHOirr [ QTKS FOTTxtt> txt a pf 4, INMATES ABLE TO ACCESS OUTSIDE LINES 



_ 



WITHOUT GOING THROUGH THE OPERATOR OR SIERRA CONSERVATION CENTER SWITCHING 



SYSTEM (NO WAY TO MONITOR OR RETRIEVE OUTGOING TELEPHONE CALLS) 



State of California 



Memorandum CONFIDENTIAL 



Date : September 22, 1999 

To : James Fee 

Taskforce Team Leader 



From : Sierra Conservation Center, Jamestown, CA. 95327 



Subject: CHECK OF IDL COMPUTER DISKETTES 



The Sensitive Information Taskforce has completed the inspection of the computer diskettes 
that were confiscated from the IDL office on September 17, 1999. 

The team inspected a total of 203 floppy diskettes. It was found that 77 were blank, 89 
contained files appropriate for use by inmates and 37 contained information that should not 
be in the possession of inmates. 

Some of the inappropriate files found on the 37 diskettes included games, screen savers, 
setup for Windows programs, Norton rescue, defrag, debug, Qbasic and undelete, to name a 
few. These types of files are a clear violation of the procedures outlined in OP1 1 , Section D 
Inmate Access. Due to these findings, the team will maintain control of the 37 prohibited 
diskettes. C\0 R. Storm has returned the remaining 1 66 to the IDL supervisor. 

Additionally, 8 recently purchased Zip disks were inspected. There were no files on any of 
these disks, therefore, they will also be returned to the IDL supervisor. 



fANINE BENJ/MIN 
Information Systems Analyst 



State of California 



Memorandum 






Date : September 20. 1 999 

To : J. Fee 

Sensitive Information 
Task Force Leader 



From : Sierra Conservation Center, Jamestown, CA. 95327 



Subject: Serious Key Control Incident 

On Friday, September 17, at approximately 1100 hours, the Sensitive Information 
Task Force, consisting of Janine Benjamin, A.I.S.A. and Correctional Officers S. 
Lay and R. Storm did an unannounced audit of the Inmate Day Labor Office area. 
While auditing one of the computers in the area, the Audit Team observed an 
inmate, identified as Cole J74896, walk into the IDL Office area and approach IDL 
Supervisor Steve Padgett and ask for "the keys". Padgett removed a set of keys 
with approximately (6) keys and a 6" crescent wrench on a key ring. He handed 
Inmate Cole the keys, but before releasing them, made eye contact with us and 
stated, "Oh, I'll get if. He then got up from his desk and walked out the office door 
with Cole. At approximately 1130 hours, the Audit Team left the IDL area to 
confer with Team leader J. Fee. 

At approximately 1500 hours, the Audit Team returned to the IDL office. Upon 
entering the office area, we observed Steve Padgett and Ken Kussler in a 
separate office having a meeting. Two IDL inmate clerks were in the office area 
unsupervised emptying the trashcans. We observed the same keys from the 
previous meeting laying on Mr. Padgett's desk with one of the inmates 
approximately 6" to 8" from the keys on the desk. We maintained observation of 
the keys, and prior to Mr. Padgett's return approximately (5) minutes later, We 
confiscated the keys. As Mr. Padgett returned to the room and sat at his desk, 
We approached him and asked him to identify the keys on the key ring. He 
explained that one of the keys was to his Post Office Box, another was to the front 
door of his house, one was his vehicle key, and the rest were IDL keys that 
opened several door locks in the area. I explained to Mr. Padgett the importance 
of proper key control and returned his keys to him. 

I then asked Mr. Padgett if the desktop computer on his desk was a State 
computer and he replied that it was his personal computer. I asked him if there 
was any personal information on the computer and he stated in the affirmative. 



He went on the explain that there were Social Security numbers and personal 
information on the "casual" employees of IDL. There is no password protection 
being utilized on the computer. Further inspection of the computer's files revealed 
personal information on Mr Padgett including his home phone number, Post 
Office box number, Social Security number and home address. 



C/O R. STORM 
C/OS. C. LAY 




DATE 



9-20-99 



AT E 9-20" -F? 



JANINE BENJAMIN UfaWj Wfy]4<M9rt tX & V/lfi. 
INFORMATION SERVICES ANALYS 




STATE OF CALIFORN1 
ADM INISTRATIVE^jjEGl 
CDC 1 14-D (Rev 10/9^ 




IATION UNIT PLACEMENT NOTICE 



DEPARTMENT OF CORRECTIONS 



DISTRIBUTION: 
WHITE ■ CENTRAL FILE 
BLUE • INMATE (2ND COPY) 
GREEN - ASU 



CANARY WARDEN 

PINK ■ HEALTH CARE MGR 

GOLDENROD • INMATE (1ST COPT) 



INMATES NAME 

DAVLDSCN 



CDC NUMBER 

J- 33555 



REASON(S) FOR PLACEMENT (PART A) 



|~xfe>RESENTS AN IMMEDIATE THREAT TO THE SAFETY OF SELF OR OTHERS 

[ ~\ JEOPARDIZES INTEGRITY OF AN INVESTIGATION OF ALLEGED SERIOUS MISCONDUCT OR CRIMINAL ACTIVITY 

fxfeND ANGERS INSTITUTION SECURITY i |] UPON RELEASE FROM SEGREGATION, NO BED AVAILABLE IN GENERAL POPULATION 

DESCRIPTION OF CIRCUMSTANCES WHICH SUPPORT THE REASON(S) FOR PLACEMENT fy, m-j^T S ajtfcJ l ljtf * 20 1999 j nf rTTra H ("H VJ^ reoeJVB3 

y the Watch Officer that yoa, Innate mvUHXJ, J-33555, DcanVfead #36-11L, vers in pcssessicn cf dxutents 
T nt-a-ir ring sensitive perscrrel iirfcoraticn vhich ccuM threaten the safety of staff and the safety and security 
± the TnciH tiiHrn . Baaai en the abcwe, you, Inmate DW/EHU are being placed in Mninistrative Segregation par 
axfers of Cazectkral Liaiii-mut J. Cardanas pending an in^stlgaticn into the natter by the Ihstitiiricral 
Security Lhit (I.S.U.). Ycu are net to be interviewed by any staff except I.S.U. perscrrel. Your case will be 
reviewed by apprcpriate staff as seen as practical. 



] CONTINUED ON ATTACHED PAGE (CHECK IF ADDITIONAL) [ ] IF CONFIDENTIAL INFORMATION USED, DATE OF DISCLOSURE: 



/ / 



DATE OF ASU PLACEMENT 

09-20-99 



SEGREGATION AUTHORITY'S PRJNTED NAME 

J. CARDENAS 



SIGNATURE 



TITLE 

LIEUTENANT 



DATE NOTICE SERVED 



TIME SERVED 



PRINTED NAME OF STAFF SERVING ASU PLACEMENT NOTICE SIGNATURE 



STAFFS TITLE 



□ 



INMATE REFUSED TO SIGN 



INMATE SIGNATURE 



CDC NUMBER 



ADMINISTRATIVE REVIEW (PART B) 
The following to be completed during the initial administrative review by Captain or higher by the First working day following placement 



STAFF ASSISTANT (SA) 




INVESTIGATIVE EMPLOYEE (IE) 




STAFF ASSISTANTS NAME 


TITLE 


INVESTIGATIVE EMPLOYEE'S NAME 


TITLE 


IS THIS INMATE: 










LITERATE? □ YES 


D NO 


EVIDENCE COLLECTION BY IE UNNECESSARY 


□ YES 


□ NO 


FLUENT IN ENGLISH' D YES 


a no 


DECLINED ANY INVESTIGATIVE EMPLOYEE 


□ YES 


□ NO 


ABLE TO COMPREHEND ISSUES' □ YES 


□ NO 


ASU PLACEMENT IS FOR DISCIPLINARY REASONS 


□ YES 


□ NO 


FREE OF MENTAL HEALTH SERVICES DELIVERY SYSTEM NEEDS'D YES 


□ no 


DECLINED 1ST INVESTIGATIVE EMPLOYEE ASSIGNED 


□ YES 




DECLINING FIRST STAFF ASSISTANT ASSIGNED' □ YES 










Any "NO" requires SA assignment 




Any "NO" may 


require IE assignment 


] NOT ASSIGNED 




□ NOT ASSIGNED 







INMATE WAIVERS 

1 INMATE WAIVES OR DECLINES INTERVIEW WITH ADMINISTRATIVE REVIEWER j] INMATE WAIVES RIGHT TO 72 HOURS PREPARATION TIME 

J NO WITNESSES REQUESTED BY INMATE 



INMATE SIGNATURE 



DATE 





WITNESSES REQUESTED FOR HEARING 




WITNESS NAME 


TITLE/CDC NUMBER 


WITNESS' NAME 


TITLE/CDC NUMBER 


WITNESS NAME 


TITLE/CDC NUMBER 


WITNESS' NAME 


TITLE/CDC NUMBER 



DECISION: □ release to unit/facility. 

REASON FOR DECISION: 



□ RETAIN PENDING ICC REVIEW Q DOUBLE CELL D SINGLE CELL PENDING ICC 



PER CCR 3337 , IN PERSON AIMCNTSTRATIVE SEGREGATION PLACEMENT INTERVIEW WAS CONDUCTED. 



ADMINISTRATIVE REVIEWER'S PRINTED NAME 


TITLE 


DATE OF REVIEW 


TIME 


ADMINISTRATIVE REVIEWER'S SIGNATURE 


CORRECTIONAL ADMINISTRATOR'S PRINTED NAME (if necessary) 


CORRECTIONAL ADMINISTRATOR'S CO-SIGNATURE (if necessary) 


DATE OF REVIEW 



See Chronological Classification Review document (CDC 128-G) for specific hearing information 



STATE OK CALIFORNIA 
ULMINISTRATIVf SEGRB 

IU 1> (ltr< |l 




DEPARTMENT OF CORRECTIONS 



UNIT PLACEMENT NOTICE 



DISTRIBUTION 
WHITE CENTRAL FILE 
BLUE ■ INMATE (2ND COPY) 
CREEN ASU 



CANARY • WARDEN 

PINK • HEALTH CARE MGR 

GOLDENROD • INMATE (1ST COPY) 



mtxsni 



T- B §3175 



REASON(S) FOR PLACEMENT (PART A) 



JX)1 PRESENTS AN IMMEDIATE THREaTTO THE SAFETY OF SELF OR OTHERS 

~\ JEOPARDIZES INTEGRITY OF AN INVESTIGATION OF ALLEGED SERIOUS MISCONDUCT OR CRIMINAL ACTIVITY 
POjr KCURITY 



UPON RELEASE FROM SEGREGATION, NO BED AVAILABLE IN GENERAL POPULATION 



" ' • ■ '■• ■■ v. ':- a WHICH SUPPORT THE REASON(S) FOR PLACEMENT: __ ^__ , __ „_^ . - 

Qi Mxrfey, Sepbarba: 20, 1999, h iUxii hI irn vas receive 
ky the Vtetrfi Office: that jcu, Irrrate BLNTTN, K-83175, Dacni/Bed #42-07L, were in pcsgessiai cf drurent 
ccrtaining sensitive personnel infatriBticn vhiah caald threaten the safety of staff and the safety and securit 
of the Instihiticn. Eased an the above, you, Inrate BLNTFTN are being placed in AcMrristative Segregatim p= 
orders of CLxrectLanal Lbatsrant J. Cardenas pending an investigatim into the natter by the InstitutaoB 
Security Hut (I.S.U. ). Ycu are not to be intervieAed by any staff except I.S.U. personnel. Your reqp will fc 
reviewed by cjtmriafp staff as soon as practical. 



] CONTINUED ON ATTACHED PAGE (CHECK IF ADDITIONAL) [ 1 IF CONFIDENTIAL INFORMATION USED, DATE OF DISCLOSURE: 



/ / 



09-20-99 



EM EXT 



SEGREGATION AUTHORITY'S PRINTED NAME 



J. CARDENAS 



SIGNATURE 



TTTLE 

LIEUTENANT 



TICE SERVED 



TIME SERVED 



PRINTED NAME OF STAFF SERVING ASU PLACEMENT NOTICE 



SIGNATURE 



STAFFS TITLE 



Z 



1NM ATE REFUSED TO SIGN 



INMATE SIGNATURE 



CDC NUMBER 



ADMINISTRATIVE REVIEW (PART B) 
The following to be completed during the initial administrative review by Captain or higher by the first working day following placement 



STAFF ASSISTANT (SA) 



INVESTIGATIVE EMPLOYEE (IE) 



STAFF ASSISTANTS NAME 



TTTLE 



INVESTIGATIVE EMPLOYEE'S NAME 



TTTLE 



IS THIS INMATE: 

L ITERATE" □ YES 

FLUENT IN ENGLISH" □ YES 

.ABLE TO COMPREHEND ISSUES" D YES 

FREE Of MENTAL HEALTH SERVICES DELIVERY SYSTEM NEEDS'D YES 
DECLINING FIRST STAFF ASSISTANT ASSIGNED' D YES 



□ NO 
D NO 

□ NO 

□ no 



EVIDENCE COLLECTION BY IE UNNECESSARY 
DECLINED ANY INVESTIGATIVE EMPLOYEE 
ASU PLACEMENT IS FOR DISCIPLINARY REASONS 
DECLINED 1ST INVESTIGATIVE EMPLOYEE ASSIGNED 



□ YES □ NO 

□ YES □ NO 

□ YES □ NO 

□ YES 



NOT ASSIGNED 



Any "NO" requires SA assignment 



□ NOT ASSIGNED 



Any "NO" may require IE assignment 



INMATE WAIVERS 

• TE WAIVES OR DECLINES INTERVIEW WITH ADMINISTRATIVE REVIEWER ' J INMATE WAIVES RIGHT TO 72 HOURS PREPARATION TIME 
]] NO WITNESSES REQUESTED BY INMATE 



INMATE SIGNATURE 



DATE 



WITNESSES REQUESTED FOR HEARING 



WITNESS name 


TITLE/CDC NUMBER 


WITNESS- NAME 


TTTLE/CDC NUMBER 


WITNESS" NAME 


TTTLE/'CDC NUMBER 


WTTNESS' NAME 


TITLE/CDC NUMBER 



DECISION: 

REASON FOR 



! RELEASE TO UNIT/FACILITY 



□ RETAIN PENDING ICC REVIEW □ DOUBLE CELL □ SINGLE CELL PENDING ICC 



D ECIS ION 

PER CCR 3337, IN PERSON ADPttNISTRATIVE SEGREGATION PLACEMENT INTERVIEW WAS CONDUC 



ADMINISTRATIVE REVIEWER'S PRINTED NAME TTTLE 



DATE OF REVIEW 



TIME 



ADMINISTRATIVE REVIEWERS SIGNATURE 



CORRECTIONAL ADMINISTRATOR'S PRINTED NAME frf neeessiry) 



CORRECTIONAL ADMINISTRATOR'S CO-SIGNATURE (if necessiry) 



DATE OF REVIEW 



Sec Chronological Classification Review document (CDC 128-G) for specific hearing information 



... 



' State of California 



Memorandum 

Date : September 23, 1999 

: J. Fee 

Task Force Coordinator 

am Sierra Conservation Center, Jamestown, CA 95327 

Subject : DISCOVERY OF POSSIBLE EXPLOSIVE DEVICE/MATERIAL 

On Wednesday, September 22, 1999, at approximately 1000 hours, I produced one orange 
blasting cap to Correctional Officer B. Canaday that was discovered at the IDL Water. 
Treatment Plant. Officer Canaday, who had prior education with blasting caps, informed me 
the device was discharged and safe. I was asked to submit a report of any other findings 
concerning blasting caps and my knowledge the findings of blasting caps. 

Approximately three to four months ago, I discovered an orange color rounded tub with 
several feet oi wire that also was colored wrapped around the tub at IDL. I did not know what 
this product was and placed it in the hot trash. A few weeks later, an inmate gave me an item 
that looked like the one I discovered, only this one was fragmented on one end! 

I contacted IDL supervisor Ken Kusler and asked if he knew what this item was. Ken replied, 
"yes, its a blasting cap from when they blasted the rock base so we could start digging." I then 
asked Ken if the caps were dangerous and he stated, "no, they are all over this place, its no big 
deal." 

I then placed the blasting cap in the hot trash and gave it to the Ecology officer. I did not 
know the safety concerns of this item until Officer Canaday informed me. At that point, the 

E roper staff were notified and a search was started to locate the blasting caps that was left 
ehind. 

Please note: In the past couple months, I have had discussions with several inmates about the 
issue of blasting caps being found on IDL grounds. During these discussions, I was informed 
that these inmates had seen hundreds of the blasting caps on the site at DDL since their 
assignment to the project. 




J. POPKE 
Correctional Officer 
IDL 



State of California 



MEMORANDUM 



CONFIDENTIAL 



Date : September 23, 1999 

To : J. Fee 

Task Force Leader 

From : W.B. Canaday 

Correctional Officer 

subject : CONFIDENTIAL MATIERIAL 

On September 23, 1999, Correctional Officers R. Storm, S. Lay and myself 
conducted searches of certain areas of the Inmate Day Labor (IDL) water/sewer 
project located at the Northwest side of Sierra Conservation Center. The 
following documentation is information and/or items that we obtained during our 
searches. 



At approximately 1030 hours, Correctional Officer J. Popke who is assigned to 
IDL, provided me with an object that he presumed was an explosive "blasting 
cap". I took possession of the object and because of my prior experience and 
training with explosives I was able to identify the object as a non-electric blasting 
cap. After removing dirt that was packed around the blasting cap, I was able to 
determine that the blasting cap had been discharged and was not "live". Officer 
Popke informed us that he had found numerous discharged caps and one "live" 
cap over the past several months. Officer Popke related the fact that up until a 
few weeks prior he did not know that the objects were explosive blasting caps. 
He ultimately found out by asking an. IDL staff member what they were used for; 
the IDL staff member informed him that they were blasting caps and that they 
were "all over". At the time of their conversation. Officer Popke claims that this 
staff member had possession of what appeared to be a blasting cap with two wires 
coiled up and attached to the cap. Upon Officer Popke' s description of the 
blasting cap, and my experience and training with explosives, it is my belief that 
he was describing an "electric blasting cap". I asked Officer Popke where he had 
deposited the blasting caps that he had gathered over the past several months; he 
informed me that because he did not know what they were at the time, he had 
disposed of the items per "Hot Trash" procedures. 

At approximately 1240 hours, Officer Storm and myself searched the Ecology hot 
trash conex box. We discovered that the hot trash is hauled out approximately 
three (3) times a week and this particular morning the hot trash had been removed 
and hauled away. Therefore, there were no blasting caps located in the hot trash 
conex box. 

lof2 



At approximate!) 1305 hours, I found another discharged non-electric blasting 
cap in a metal basket that was located on the north side of the upper IDL storage 
yard. I also found unsupervised inmates in possession of starting fluid (ether), 
spra\ paint, and cutting torches. 

At approximately 1330 hours, while searching IDL truck #7148, behind the seat, I 
discovered a complete "Layout Plan" and "Utilities Map" of the entire Main Side 
of the institution, including the security areas. The truck in question was 
unlocked with the windows down and not supervised by IDL staff. These maps 
detail all aspects of the structural design of the institution including surface 
compaction, the thickness of concrete surfacing, all exits/entrances, all structural 
measurements, map identifiers, utility access', maps out all drainage pipes and 
provides the size and diameter of said pipes, maps out the underground utility 
tunnel(s) and provides extremely technical information that is to lengthy to 
mention. 

Currently, one (1) discharged blasting cap is in possession of ISU Officer Lay and 
the plans/maps and the other discharged blasting cap is locked in the temporary 
evidence locker located in Hearing Room #3. 

I am deeply concerned about the safety of staff, inmates and the general public. I 
have experience dealing with these types of explosive devices and have the 
contacts to answer any questions that might arise. 

//V III 



r l/i£^ - J I 
W.B. Canaday 
Correctional Officer 



2 of 2 



State of California Department of Corrections 

Memorandum 



09/22/99 



Matthew Kramer 

Warden 

Sierra Conservation Center 



Ken Kusler 

Construction Supervisor I 
Inmate/Day Labor 



sub,ec RESOLUTION (R.) FOR DISCREPANCIES OF THE 
9/18/99 SECURITY AUDIT AT SCC IDL OFFICE. 



01. Found original 1697 time sheets and copies of timecard bubble sheets in 
inmate Davidson, s desk drawer. Inmate appears to have access to all 
original 1697 files in file cabinet. 

R. The 1697 work sheets were archived in a box in the storage room. 
These records have now been moved to the office locked file 
cabinet. 

02. Found recommendation letters written by inmates for inmates to take out 
on the street on inmate access computer. Also discovered several games 
on both computer and disks. 

R. This sensitive information was confiscated by the Audit Teem. 

03. (200) 1 .44 floppy disks found in inmates desk with no inventory of disks 
ever created. 

R. With the event of acquiring the new Zip Drives and Disk, the 

number of required floppy disk will be greatly reduced. All disk will 
be inventoried, all outdated floppy backup disk will be cleared of 






information and disk not required for daily operation will be locked 
in a file cabinet or returned to IDL headquarters. 

04 Inmate Davidson admitted to backing up files on "No Inmate Access 
Allowed" computer. 

R Normal backup and operations on these computers will be 
accomplished by state staff. Any assistance with computer 
operations will be requested of institution staff as recommended by 
the Warden. 

05 A safe (consisting of a felt pen that had the end melted and the insides 
hollowed out) was found in inmate Davidson, s deck drawer. 

R. This item was confiscated by Officer Lay. 

06. (10) Zip Disk found in inmate desk-uninventoried. 

R. These disk are to be the primary form of backup for our computers. 
They will be included in the disk inventory and those not being 
used in an ongoing manner will be locked in a file cabinet. 

07. Detailed map of area around prison found in general area of inmate 
desks. 

R. These maps were used to FAX or mail to vendors and 

manufacturer representatives. They have been removed from the 
bulletin board and placed in the locked file cabinet. 

08. Many personal files of inmate clerks found on hard drive, including 
personal resumes. 

R. This information was confiscated by the Audit Teem. 

09. Magazine found in inmates desk with IDL worker Keith Ramos home 
address on it. 

R. This was a post office box number, however, this issue was 
brought to the attention of Mr. Ramos at the time, and has 
been discussed with him again. Any such material brought on site 
will have sensitive information removed. At 0700 on 09/22/99, I 
held a meeting with my state staff as well as my casual staff and 
once again expressed the importance of keeping personal 
information from the inmates. 

10. Fifty piercing rings found in inmate Davidson, s desk drawer of the kind 
found on the Calaveras and Mariposa yards in the last six months. 

R. In searching our project for materials, it appears the rings came 

from the wire for a wire feed welder wrapped around a large phillips 
screwdriver shaft, then cut into pieces. These types of materials 
are used throughout the project. 



X. 



1 1 . Four telephones without locks found in area-inmates able to access 
outside lines with out going through operator or Sierra Conservation 
Center switching system (no way to monitor or retrieve outgoing 
telephone calls). 

R. Inmates are not allowed use of the phones (incoming SCC 

extension calls from counselors excluded). No inmates, including 
the clerks, will be allowed in the office unless there is a free staff in 
the office and in plane view of the inmates. When there are no free 
staff in the office, the office will be locked. To stay in compliance, 
lock boxes will be fabricated and installed on the main office 
phones and on the FAX machine. 

12. A privately owned PC is being used in the office. 

R. The private PC is in the process of being donated to the state with 
all proper paper work and system check by ASA. Two computers 
will be received from IDL Headquarters on 09/23/99. Request 
services of Janine Benjamin on 09/24/99 to examine and verify 
new computers for SCC security compliance. 

13. There is a FAX machine in the office. 
R. See #11. 



At the earliest convenience of the ISU, I would like to request training for myself 
and my state staff as how and what to look for in preventing security violations 
while carrying on our daily functions as a project office, especially as related to 
violations #2, 5, 8 and 10 listed above. 

A reply to these suggested resolutions in a timely manner would be appreciated 
so we can continue your Waste Water Treatment Plant Project with minimum 
delays. If there are questions, you can reach me at extension 5496. 



Ken Kusler 
Construction Supervisor I 

cc: Alan Neff, CS III 
Bill Heise, AWCO 
John Martin, AWBS 



SECURITY OF SENSITIVE PERSONNEL DOCUMENTS 
AUDIT INSPECTION REPORT 



\Rl A: 



SY\( K B\R 



DEPARTMENT: 



Bl SiiNESS SERVICES 



SUPERVISOR: 



Bl SI NEWSSERVICES 



INMATE NAMES IN AREA 



CDC NUMBER 



1. 




2. 




3- 





| 1 LN COMPLIANCE 



$$= SERIOUS VIOLATION 



(X] NON-COMPLIANCE 



The following discrepancies have been identified in your assigned area. These discrepancies are to b 
corrected bv: 



SNACK BAR STAFF 



And re-inspected by the Audit Team 



SPECIFIC VIOLATIONS: 



1 . METAL TYPING STAND FOUND IN AREA-NOT ON INVENTORY. $$$$$$ 



2. EMPLOYEE ATTENDANCE RECORDS FOUND IN OFFICE WITH INMATE ACCESS. 




STAFF INVOLVE D IN INSPECTION 
C/( > R. STORM 

C/OS. C. LAY 




DATE J-ZV-?f 



DATE 



. <?-^^9? 



SECURITY OF SENSITIVE PERSONNEL DOCUMENTS 
AUDIT INSPECTION REPORT 



AREA: 



PROTESTANT CHAPEL 



DEPARTMENT: 



ADMINISTRATIVE SERVICES 



J 



SUPERVISOR: 



T. LITTLEJOHN 



INMATE NAMES IN AREA 

1. MCDERMOTT 

2. PATTON 

3. OLDHAM 



CDC NUMBER 



P20194 



P42896 



P42970 



[ ] EM COMPLIANCE 



[X] NON-COMPLIANCE 



The following discrepancies have been identified 
corrected by: 



in your assigned area. These discrepancies are to be 



T. LITTLEJOHN 



And re-inspected by the Audit Team 



SPECIFIC VIOLATIONS: 



3. HAND DRAWN DIAGRAM OF CHAPEL AREA FOUND IN INMATE FILING CABINET 

. 4. SECURITY CLEARANCE FOR MS FOR INSTTTUnON VOLUNTEERS FOUND IN INMATE ACCESS FILING CABINET. 



1. EIGHT FLOPPY DISKS FOUND IN INMATES DESK THAT SUPERVISOR WAS NOT AWARE OF 

2. PHOTO COPY BLANKS OF COMMUNITY VOLUNTEER STATE IDENTIFICATION CARDS 



. 5. 1996 THROUGH 19 99 FISC AL BUDGET FOR PROTESTANT CHAPEL FOUND IN INMATE FILE CABTNFT 

_6. (5) POLARO ID PHOTOS OF CHAPEL AREA FOUND IN INMATE FILE CABINET. 

_7. DETAILED MAPS OF ALL CAMP AREAS AND LOCAL AREAS. 



L ! '* l AN ..°!, n ^ C ^ B !f jgjg F0UND NEXT TQ W0RD PROCESSOR BEHIND BOOKS ON INMATE DESK 

DATE 9- 2 7- ?9 



STAFF INVOLVED IN INSPECTION 
C/OR. STORM -R.& 
C/O S. C. LAY 



JANINE BENJAMIN/ A.I.S.A. 




DATE: 



9-27^^ 



>Ss7zJds?r Uj\_. DATE tf^'-?? 



PAGI 

SIERRA CONSERVATION CENTER 
SECT IRITY OF SENSITIVE PERSONNEL DOCUMENTS 

SEPTEMBER 1999 

\RI A: 



PROTESTANT CHAPEL 



DEPARTMENT: 



ADMINISTRATIVE SERVICES 



SPECIFIC REASON FOR NON-COMPLIANCE (CONT) 



9. RILL SET OF SIERRA CONSERVATION CENTER OPERATIONAL PROCEDURES FROM 1990 FOUND IN 



OFFICE AREA. 



. 



:STATE OF CALIFORNIA 



V-54 97; 

fit.--- . ,; Wai?^-i- ■%c/7L,~-\' 

COMMUNITY«VOLUNTEER 



^DEPARTMEIvif OF CORRECTIONS 








Jm 




AREA: 

PRE-RELEASE 



DEPARTMENT: 



BUSINESS SERVICES 



SUPERVISOR: 



C. MARK/ C HACKETT 



INMATE NAMES IN AREA 



CDC NUMBER 



1. LEGG, JAMES 


P17479 


2. THOMAS, MICHAEL 


K74531 


3. 





[ ] IN COMPLIANCE 



S$$$=SERIOUS DISCREPANCIES 



[X] NON-COMPLIANCE 



The following discrepancies have been identified in your assigned area and are to be corrected by: 



PRE-RELEASE STAFF 



And possibly re-inspected by the Audit Team 
SPECIFIC VIOLATIONS: 



1. $$$$DISCOVERED PURSE OF SUPERVISOR C. MARK IN OFFICE WITH INMATES THOMAS AND LEGG 



PRESENT WITH NO SUPERVISOR IN AREA. C. MARK RETURNED TO OFFICE AND WAS ASKED TO INVENTORY 



THE CONTENTS OF THE PURSE TO DETERNflNE ACCOUNTABILITY. HER PURSE CONTAINED THE FOLLOWING ITEMS: 



1 . THREE FIVE DOLLAR BILLS 



2. KEYS TO PERSONAL VEHICLE AND HOUSE KEY 



3. STATE IDENTIFICATION CARD 



4. CALIFORNIA DRTVERS LICENSE WITH HOME PHONE AND ADDRESS 



2. . $$$$(4) TYPING STANDS DISCOVERED IN OFFICE WITH POSSIBLE WEAPON STOCK-NOT INVENTORIED 



3. MONTHLY LEAVE BALANCE SHEET OF SUPERVISOR HACKETT FOUND ON DESK OF INMATE 



STAFF INVOLVED IN INSPECTION 
C/O R. STORM r<- 

C/OS.C. LAY 



JANTNE BENJAMIN/ /AI 

C/O w. canaday£ 




DATE ?-<!&-? 



DATE: 



?--z^$ - r? 



am -1-u 



date 4-j??7 



DATE: f-2,g->7 



|»AG1 ! 

SIERRA CONSERVATION CENTER 
SECURITY OF SENSITIVE PERSONNEL DOCUMENTS 

SEPTEMBER 1999 

\KI A 



PRE-RELEASE 



Dl PARTMENT: 



BUSINESS SERVICES 



SPECIFIC REASON FOR NON-COMPLIANCE (CONT) 



4.(2) COMPUTERS NOT MARKED PER INMATE ACCESS POLICY. 



5. GREYHOUND BUS SCHEDULE FOUND ON HARDDRTVE OF INMATE COMPUTER. 



6 I'l RSONAL INMATE RESUMES FOUND ON COMPUTER HARDDRTVE. 



7 SSSSWHILE AUDIT TEAM WAS IN OFFICE C. HACKETT MADE A TELEPHONE CALL TO J. OSBORN AND 



ASKED HER TO CALL AN OUTSIDE NUMBER AND TRANSFER CALL TO THAT PHONE GIVING OUTSIDE 



ACCESS TO A FULLY RESTRICTED TELEPHONE. 



8. DURING INSPECTION THE FLOPPY DISK FOUND IN THE COMPUTER HAD SEVERAL COMPUTER GAMES 



ON IT. AS WELL AS TWO OTHER DISKS IN AREA, AND WERE CONFISCATED BY J. BENJAMIN. 



9. (5) METAL FORKS FOUND IN OFFICE-HAD SUPERVISOR SECURE OR REMOVE THEM. 



10. SSSSSTAFF WHISTLE FOUND IN UNLOCKED DESK DRAWER. 



1 1 . SSSSPERSONAL ALARM DEVICE FOUND IN UNLOCKED DESK DRAWER. 



12. APPLICATIONS FOR SOCIAL SECURITY NUMBERS FOUND IN UNLOCKED DRAWER WITH INMATES 



PERSONAL HOME INFORMATION ON THEM. 



1 3. SSSSADDRESS BOOK FOUND ON DESK IN OFFICE WITH PERSONAL INFORMATION (ADDRESSES AND 



PHONE NUMBERS) ON THE FOLLOWING STAFF: (SEE NEXT PAGE) 



PAG 



F3B : SIERRA CONSERVi^CMCS 



j hj.* ■ _ i i » . . . . i. ■ ■ I I . .) . v j t - « . w p gp - * -'-* ' ■ * i> B -U J ; ■ ' ' ■" u -V - -*■ ", ' - ' .^a r» 





AREA: 



PRE-RELEASE 



DEPARTMENT: 



BUSINESS SERVICES 



SPECIFIC REASON FOR NON-COMPLIANCE (CONT) 



1 . CAPPI MARK-HOME ADDRESS AND PHONE NUMBER 



2. LAURA MARK-DAUGHTER-HOME PHONE AND ADDRESS 



3. OFFICER JOHN CRABTREE-HOME PHONE NUMBER 



4. CHRIS HACKETT- HOME ADDRESS AND PHONE NUMBER 



5. LINDA PATEMAN-LD3RARIAN- HOME PHONE NUMBER 



6. DAN RYAN-CDC TEACHER-HOME PHONE 



7. SERGEANT RAY STANFIELD-HOME PHONE NUMBER 



14. MAP OF AREA AROUND PRISON INCLUDING BUS , AIRLINE AND TRAIN SCHEDULES FOUND IN INMATE 
LEGG'S LOCKER. 



15. SEVERAL FLOPPY DISKS CONFISCATED FROM INMATE WORK AREA WITH CAPABILITY TO DISABLE 



A COMPUTER (BOOT DISKS, DOS FUES, ETC.) 



SECURITY OF -SENSITIVE' PERSONNEL DOCUMENTS 
AUDIT INSPECTION REPORT 



AREA: 



INDIAN CHAPEL 



DEPARTMENT: 



ADMINISTRATIVE SERVICES 



SUPERVISOR: 



RAY ABELLA 



INMATE NAMES IN AREA 



CDC NUMBER 



1. MOON 


E65674 


2. MCGUIRE 


J93419 


3. 





[ ] IN COMPLIANCE 



**** =SERIOUS DISCREPANCIES 



[X] NON-COMPLIANCE 



The following discrepancies have been identified in your assigned area and are to be corrected by: 



ABELLA 



And possibly re-inspected by the Audit Team 
SPECIFIC VIOLATIONS: 



1. VARIOUS WOOD ITEMS OF POSSIBLE WEAPON STOCK TURNED OVER TO LITTLEJOHN. 



2. NAMES AND SOCIAL SECURITY NUMBERS OF GUESTS FOUND IN INMATE FILE CABINET. 



3. 



"BLANK PLAZA GATE PASS CARDS FOUND IN INMATE MOON'S DESK DRAWER. 



4 ****FINISHED PLAZA GATES PASSES OF (4) INMATES FOUND IN INMATE MOON'S DESK DRAWER. ONE 



PASS HAD A STICKY ATTACHED TO IT WITH A MESSAGE WRITTEN BY I/M MOON THAT MADE REFERENCE 



TO THE INMATE "HANGING AROUND WITH RATS" POSSIBLY PUTTING INMATE IN JEOPARDY ON YARD. 



5. INMATES ARE ALLOWED ACCESS TO THE OFFICE WITHOUT SUPERVISOR BEING ON GROUNDS. AUDIT 



TEAM SUGGESTS THAT INMATES NOT BE ALLOWED IN OFFICE WHEN SUPERVISOR IS NOT AT THE 



INSTITUTION. 



STAFF INVOLVED IN INSPECTION 
C/O R. STORM sR~ 

C/O S. C. LAY 



JANINE BENJAMIN/ JL.1JS. 
C/O W. CANADAY 




DATE 9-??-^ 



DATE: 



g-^g-^g 



DATE 9 k2£ "99 



DATE: J~2$^S2. 



I»A(U 2 

SIERRA CONSERVATION CENTER 
SECURITY OF SENSITIVE PERSONNEL DOCUMENTS 

SEPTEMBER 1 999 



AREA: 



INDIAN OFFICE 



DEPARTMENT: 



ADMINISTRATIVE SERVICES 



SPECIFIC REASON FOR NON-COMPLIANCE (CONT) 



! 



6 (3) ROLLS OF TAPE. SANDPAPER. ONE-SIDED RAZOR BLADES, WIRE, AND SCISSORS FOUND IN MOON'S 
7. (2) TYPING STANDS FOUND IN OFFICE THAT WERE NOT INVENTORIED-CONFISCATED 



State of California 

MEMORANDUM confidential 

Date : September 30, 1999 

To : J. Fee via M.C. Kramer 

Task Force Leader Warden, SCC 

From : W.B. Canaday 

Correctional Officer 

Subject: REQUEST TO BE RE-ASSIGNED 

Dear Mr. Fee, 

It is with great anguish and disappointment that I am writing this letter to 
request that I be removed from the Sensitive Information Task Force and be 
reassigned back into my prior assignment. 

Upon my review of the Incident Package (SCC-COP-99-09-0150) regarding the 
circumstances and events surrounding the Inmate Day Labor project, I 
discovered in what is my opinion a cover-up of some very serious violations of 
policy and possible violations of law. The cover sheet is vague and dose not 
even include the date(s) of discovery regarding the explosive materials nor the 
fact that staff had reported seeing what they believed to be "live" explosive 
blasting caps. The cover sheet fails to reflect the fact that there are fourteen 
(14) Cad-Thermo-Weld (explosive material) tubes not accounted for. 

The incident package did not provide any of my documentation and findings 
leading up to (prior) the search of IDL. Included in my initial reports were a 
peace officers description of "live" blasting caps and my findings of detailed 
layout plans and utility maps of the institution in an uncontrolled area within the 
IDL project. 

I reported my findings verbally on 9-22-99 to which you reported the matter to 
administration on that same afternoon. Note: I also provided you with a written 
report on the morning of 9-23-99 which you immediately forwarded to 
administration. On the afternoon of 9-23-99 the IDL officer reported to 
administration that he had located what he believed to be explosive powder. Yet 
this administration waited until 9-24-99 to take any action and continued normal 
inmate movement in the IDL area. When action was finally taken, the yards 
were not thoroughly searched, the IDL project was only shut down for a day and 
the inmates were on normal program that same afternoon. 



fiO I Ud 0Cd39 66, lof2 



As I have reported both verbally and in writing on two occasions prior to the 
IDL incident package (9-24-99) I am greatly concerned for the safety 'of staff, 
inmates and most importantly the general public. I joined the task force to 
correct security problems not to be a part of a possible cover-up. It is my fear 
that because of what I believe is gross negligence on the part of this 
administration that human lives could be at risk. Furthermore, I will take no 
part in or be responsible in the event any person or persons get injured as a 
result of the aforementioned circumstances. 




W.B. C 
Corre 



cc 

M.C. Kramer, Warden 
J. Fee. Task Force Leader 
R. Callison. CCPOA 



1,0 I Ud 0Cd3S66, 



State of California 

MEMORANDUM confidential 

Date : September 30, 1999 

To : K. Callison 

CCPOA Chapter President 

From : R. Storm 

CCPOA Job Steward/Correctional Officer 

Subject: RESIGNATION FROM TASK FORCE 

Please accept this document as my formal resignation from the Sensitive Information Task 
Force and my request to be reassigned back into my regular post/position. 

The reason for my resignation is that I feel that the information that the task force provided 
adrninistration regarding the Inmate Day Labor project has been looked into only "half 
heartedly". It is my belief that the Incident report cover sheet is watered down and fails to 
address important information. The incident report refers to materials found as Cadweld 
electrical welding material and failed to call it what it is, Explosive Powder. 

The Task Force provided pertinent information regarding the explosives* to the Chief 
Deputy Warden on 9-22-99 and this administration failed to act until 9-24-99.- According 
to Sergeant Kirkland's report, there are fourteen tubes of this explosive powder 
unaccounted for. This concerns me for the safety of staff inmates and the public. 

I can't believe this administration is running this institution at normal program when there 
is a possibility that explosive material could be in the unsupervised control of inmates. 
Shouldn't this administration have explosive experts or possibly trained search dogs or at 
the very least our staff conducting a through search of this institution. 

The Task Force also discovered detailed maps/plans of the institution and had an officer 
report that he believes he has seen explosive blasting caps around the IDL worksite. 

I feel that the union should not be involved in a possible cover-up that could jeopardize the 
safety and security of the institution and the general public. 

R. Storm 

CCPOA Job Steward 

Task Force Member 

SO I Ud 0Cd]S66, 



Mitr of ( •lifcroii 

MEMORANDUM confidential 

Date : September 23. 1999 

To : J. Fee 

Task Force Leader 

From ! Sicrm ( oii»trvatioQ Centtr- Jamestown. CA. 

Subject: CONCERNS 

Over the past two (2) days the task force has made some alarming discoveries regarding 
the Inmate Day Labor water/sewer project. Our concerns are due to the following: 

1 . Two (2) discharged blasting caps were found, 

2. An Officer has reported that he has seen two "live" blasting caps; one of 
which he described could be an electric blasting cap and if not properly 
handled and stored could be set off with a normal battery, two way radio 
or a helicopter, 

3. A set of complete and detailed Layout Plans and Utility Map of the Main 
Side Institution was confiscated from an unsecured IDL work truck that 
inmates have had access to, 

4. An inmate who was interrogated by ISU supposably admitted to IDL staff 
being in possession of live charges and also provided the location of 
possible explosive powder that he admits to he and other inmates having 
access to, 

These facts were reported yesterday afternoon (Sept. 23, 1999) and yet IDL is still in full 
operation with a full crew of inmates. As far as we are aware, the area that the explosive 
powder was reported has not been searched. We are concerned that by not conducting an 
immediate search, the possibility of live explosives could be getting smuggled into the 
security areas of the institution. We are also concerned that if in fact there are 
unauthorized explosives on institutional grounds the longer we wait the more time 
individuals have to dispose of the said items and cover up a serious crime. 

We are especially concerned for the safety of staff, inmates and the general public. 
Therefore, we are requesting that the Department of Corrections take immediate 
corrective Actions to protect the sanctity of human life and/or a possible escape attempt. 

/< 

/ 

(1 

V J 

inaday R. Storm 

Correctional Officer Correctional Officer 

Task Force Member Task Force Member 




State of California 



MEMORANDUM confidential 

Date : September 30, 1999 

To : R. Callison 

CCPOA Chapter President 

From : R. Storm 

CCPOA Job Steward/Correctional Officer 

Subject: RESIGNATION FROM TASK FORCE 

Please accept this document as my formal resignation from the Sensitive Information Task 
. Force and my request to be reassigned back into my regular post/position. 

The reason for my resignation is that I feel that the information that the task force provided 
administration regarding the Inmate Day Labor project has been looked into only "half 
heartedly". It is my belief that the Incident report cover sheet is watered down and fails to 
address important information. The incident report refers to materials found as Cadweld 
electrical welding material and failed to call it what it is, Explosive Powder. 

The Task Force provided pertinent information regarding the explosives" to the Chief 
Deputy Warden on 9-22-99 and this administration failed to act until 9-24-99.- According 
to Sergeant Kirkland's report, there are fourteen tubes of this explosive powder 
unaccounted for. This concerns me for the safety of stafl inmates and the public. 

I can't believe this administration is running this institution at normal program when there 
is a possibility that explosive material could be in the unsupervised control of inmates. 
Shouldn't this administration have explosive experts or possibly trained search dogs or at 
the very least our staff conducting a through search of this institution. 

The Task Force also discovered detailed maps/plans of the institution and had an officer 
report that he believes he has seen explosive blasting caps around the IDL worksite. 

I feel that the union should not be involved in a possible cover-up that could jeopardize the 
safety and security of the institution and the general public. 

R. Storm 

CCPOA Job Steward 

Task Force Member 

SO I Ud 0Cd3S66, 






■kl 



State of California 

MEMORANDUM confidential 

Date : September 30, 1999 

To : J. Fee via M.C. Kramer 

Task Force Leader Warden, SCC 

From : W.B. Canaday 

Correctional Officer 

Subject: REQUEST TO BE RE- ASSIGNED 

Dear Mr. Fee, 

It is with great anguish and disappointment that I am writing this letter to 
request that I be removed from the Sensitive Information Task Force and be 
reassigned back into my prior assignment. 

Upon my review of the Incident Package (SCC-COP-99-09-0150) regarding the 
circumstances and events surrounding the Inmate Day Labor project, I 
discovered in what is my opinion a cover-up of some very serious violations of 
policy and possible violations of law. The cover sheet is vague and dose not 
even include the date(s) of discovery regarding the explosive materials nor the 
fact that staff had reported seeing what they believed to be "live" explosive 
blasting caps. The cover sheet fails to reflect the fact that there are fourteen 
(14) Cad-Thermo-Weld (explosive material) tubes not accounted for. 

The incident package did not provide any of my documentation and findings 
leading up to (prior) the search of IDL. Included in my initial reports were a 
peace officers description of "live" blasting caps and my findings of detailed 
layout plans and utility maps of the institution in an uncontrolled area within the 
IDL project. 

I reported my findings verbally on 9-22-99 to which you reported the matter to 
administration on that same afternoon. Note: I also provided you with a written 
report on the morning of 9-23-99 which you immediately forwarded to 
administration On the afternoon of 9-23-99 the IDL officer reported to 
administration that he had located what he believed to be explosive powder. Yet 
this administration waited until 9-24-99 to take any action and continued normal 
inmate movement in the IDL area. When action was finally taken, the yards 
were not thoroughly searched, the IDL project was only shut down for a day and 
the inmates were on normal program that same afternoon. 



f,0 I Lid 0Cd3S66, lof2 



As I have reported both verbally and in writing on two occasions prior to the 
IDL incident package (9-24-99) I am greatly concerned for the safety of staff, 
inmates and most importantly the general public. I joined the task force to 
correct security problems not to be a part of a possible cover-up. It is my fear 
that because of what I believe is gross negligence on the part of this 
administration that human lives could be at risk. Furthermore, I will take no 
part in or be responsible in the event any person or persons get injured as a 
result of the aforementioned circumstances. 




cc : 

M.C. Kramer, Warden 
J. Fee, Task Force Leader 
R. Callison, CCPOA 



hO I Ud 0CcJ]S66, 

2 of 2 




3460C Solon Road • Soiori, Ohio 44139-2695 
(440) 241-0100 • Fax: (440) 24S-0723 



MATERIAL SAFETY DATA SHEET 



NfTfihV**" RATI " Q 

4 EXTREME 

3 HIGH 

2 MODERATE 

1 8UGHT 

INSIGNIFICANT 



PRODUCT FAMILY: CADWELD® STARTING MATERIAL 
NOTE: THIS MATERIAL IS NOT SOLD SEPARATELY. 




PAGE: 1 OF 3 



DATE PREPARED: 3/28/90 



1. INGREDIENTS 



REVISED: 3/S/98 



MSDS: 326F 

1 



INGREDIENTS 



ALUMINUM 



CUPROUS OXIDE 
CUPWC OXIDE 



VAONOXtOE 



CAS* 



7429-904 



1J17.M.1 
1J17-38-0 



1317*14 



EXPOSURE UMITS (mg/m 3 ) 



OSHA PEL 



TOTAL OUST 1S.0 RISPIRABLE FRACTION 5.C 



1.0 DUST 
0.1 FUME 



ACGIH TLV 



OUST 1C.0 FUME 0.2 



1.0 OUST 
0.2 FUME 



10.0 



10.0 



2. PHYSICAL/CHEMICAL CHARACTERISTICS 



BOILING POINT: N/A 

VAPOR PRESSURE: N/A 

VAPOR DENSITY: N/A 

SOLUBILITY IN WATER: Insoluble 

SPECIFIC GRAVITY (H,0=1): 4.0 

MELTING POINT: @ 660*C (1220T) 

EVAPORATION RATE (BUTYL ACETATES): N/A 

APPEARANCE AND ODOR: Silvery, Grey Powder, Odorless 



WEIGHT 
PERCENT 



NOT > 48V. 
FUME OR DUST 



NOT > 2SV. 
NOT > 25V 



NOT 



> 2CV. J 



©1©94, ERICO*. INC. 



MATERIAL SAFETY DATA SHEET 

r*JCO. IWC UtOO Solon Romti Solon, Ohio 44139 (216)248-0100 

PAGE: 2 OF 3 

PRODUCT FAMILY: CADWELD® STARTING MATERIAL 
NOTE: THIS MATERIAL IS NOT SOLD SEPARATELY. 

DATE PREPARED 3/28/90 REVISED: 3/9/98 MSDS: 328F 



3. FIRE AND EXPLOSION HAZARD DATA 



FLASH POINT (METHOD USED): Self ignites above 455'C (850'F) (Indirect Heating). 
FLAMMABLE LIMITS: LEL • 40 MG/L (Aluminum) UEL - N/A 

EXTINGUISHING MEDIA: None 

SPECIAL FIRE FIGHTING PROCEDURES; Haiogenated extinguishing agents or water should not oe 
used. Let Tire extinguish itself. (See Unusual Fire & Explosion Hazards.) Use self-contained breathing 
apparatus, in pressure demand mode. 

UNUSUAL FIRE AND EXPLOSION HAZARD: Starting material dust may be ignited by static charge and 
bums at extremely high temperature. In buik form, ■! is ignitable with difficulty, (see Flash Point). 



REACTIVITY DATA 



fl 



STABILITY: Stable 

CONDITIONS TO AVOID: Temperatures above ignition. 

INCOMPATIBILITY (MATERIALS TO AVOID): Will react with moisture, mineral acids, haiogenated 
comoounas, and harsh aikalis. Material capable of causing sparks or accumulating strong static charges, 
should NOT be used. 

HAZARDOUS DECOMPOSITION OR BY D RODUCTS: None 
HAZARDOUS POLYMERIZATION: Will not occur. 



HEALTH HAZARD DATA 

ROU'ES OF ENTRY: Primary route of entry - Inhalation 

HEALTH HAZARDS: Bums from contact whh reaction or reaction products. Direct eye contact with 
"flash" of light from reaction, can result In temporary blindness. Dust and fumes are irritant to eyes ana 
upper respiratory tract. Long term exposure to copper-containing dusts may cause allergic dermatitis 

CARCINOGENICITY: NTP - No LARC MONOGRAPHS - No OSHA REGULATED - No 

SiGNS/SYMPTOMS OF EXPOSURE: (See Hearth Hazards) 

EMERGENCY AND FIRST AID PROCEDURES: Standard treatment for bums. For inhalation of dust, 
fume, remove from exposure, provide tresh air, flush eyes with water, consult physician. 



MATERIA. SAFETY um;« or. i. 



EWCO, INC. " 34600 Solon Roafl Solon, Ohio 44139 (216) 24&-0U- 

« 

PAGE: 3 OF 3 

PRODUCT FAMILY: CADWELD® STARTING MATERIAL 
NOTE: THIS MATERIAL IS NOT SOLD SEPARATELY. 

DATE PREPARED. 3/28/90 REVISED: 3/9/98 MSDS: 323F 



6. PRECAUTIONS FOR SAFE HANDLING AND USE 



ACTION TO TAKE FOR SPILLS/LEAKS: All unused, spilled materials may be swept up for disposal 
using soft, dry sponge or soft natural fiber brush, and ncn-sparking conductive scoop. Synthetic fiber 
bristle brushes and plastic or other non-conductive scoops should NOT be used. Avoid actions that 
would create dust laden cloud or cause powder to disperse in air. 

WASTE DISPOSAL METHOD. Contact factor/ for assistance or dispose of in accordance with Federa , 
State, arc Local regulations. 

PRECAUTIONS TO BE TAKEN IN HANDLING AND STORING: Materials must be kept dry. 



7. CONTROL MEASURES 



RESPIRATORY PROTECTION: Where TLV is exceeded, use NIOSH approved particulate respirator. 

VENTILATION: Local Exhaust • Use only when TLV is exceeded. Exhaust system must be specifically 
approved for us6 witn reactive combustible dust. (See NFPA #77 Nafl. Fire Protection Association 
BattPryp'-.»rch Park, Ouincy. Mass. 62269.) Exnaust systems olectrical equipment should be suitable for 
Clasc I Group E 'ocations. 

PROTECTIVE GLOVES: Recommended for handling hot equipment. 

EYL ~. -0~ECTION: Safety glasses and caution to user to avoid direct eye contact with "flash" of light 

from reaction. 



8. ADDITIONAL INFORMATION 



This p"*r:y t contains inoredients subject to reporting requirements of Section 313 of Title III of SARA and 
40CFR J72 



— x 1 

Prepared By: ^J&iu. W&lp DEAN MOORE 

Title: r^DUCT ENGINEER 



TDTh.. = 




1*900 Solon Road • Soon Oh.o 44138-2605 
(440) 246-0100 • Fax: (440) 246-0723 



MATERIAL SAFETY DATA SHEET 

Nf PA HAZARD RATlNfi 

4 EXTREME 

3 HIOH 

2 MODERATE **.■* 

1 SLIGHT 

INSIGNIFICANT 




JtMCIMTV 



PAGE: 1 OF 3 



PRODUCT FAMILY: CADWELD* ELECTRICAL WELDING MATERIAL 

MATERIAL TYPES F20, F33, F76, F80, XF19 INCLUDING CA, SB, PB, XL. XF, ACB, ACC 



DATE PREPARED: 3/8/90 



REVISED: 9/15/97 



MSDS: 233I 



1. INGREDIENTS 








EXPOSURE LIMITS (Me/m*) 




NGREDIENTS 


CASi 


OS HA PEL 


ACGIH TLV 


WEIGHT 
PERCENT 


C0PMROM0C 


1J1740-1 


OUST 1.0 FUME 0.1 


0UST1O FUME C2 


not > eov. 


ALUMMUM COPPER ALLOY 
<M ALUMINUM 
<§0 COPPER 


742*404 

7440404 


TOTAL DUST 186 RE6PIRABLE FRACTION 80 
DUST 1.0 FUME 0.1 


OUST 10.0 FUME 8.0 
OUST 10 FUME 0.2 


NOT > 13% 


CALCIUM FLUORIDE 


7786-784 


2.8 AS FLUORIDE 


2.S AS FLUORIDE 


NOT > 5 % 


CALCIUM SILICON 


1277*46-7 


Ca 8.0 A6 ClO 

SI 8.0 


C4 2ASCaO 
61 10.0 


NOT>6% 


TIN 


7440414 


20 


2.0 


NOT > 10% 


ALUMINUM VANAOUM ALLOY* 
<45 ALUMINUM 

<73 VANADIUM 


7426404 
744042-2 


TOTAL OUST 18.0 RESF1RABLE FRACTION 8.0 
VjO.OJST 06 FUME 0.1 


OUST 10O FUME 5.0 
V,0, 0.09 


NOT>5% 


copper 


7440404 


DUST 1.0 FUME 0.1 


DUST 1.0 FUME 02 


NOT > 10% 


•TYMMJ(CA)OM.r 




2. PHYSICAL/CHI 


SMICAL CHARACTERISTICS 







BOILING POINT: N/A 

VAPOR PRESSURE: N/A 

VAPOR DENSITY: N/A 

SOLUBILITY IN WATER: Insoluble, 

SPECIFIC GRAVITY (H 2 0=1): 5.5 

MELTING POINT: © 2000T (1093'C) 

EVAPORATION RATE (BUTYL ACETATES): N/A, V O.C.O 

APPEARANCE AND ODOR: Gray-Black Granular Partides; Odorless 



C1064,EWCOMNC. 



MATERIAL SAFETY DATA SHEET 



PAGE: 2 OF 3 



PRODUCT FAMILY: CADWELD* ELECTRICAL WELDING MATERIAL 
MATERIAL TYPES F20, FM, F76, F80, XF19 INCLUDING CA, SB, PB, XL, XF, ACB, ACC 



DATE PREPARED: 3/8/90 



REVISED: 9/15/97 



MSDS. 233I 



3. FIRE AND EXPLOSION HAZARD DATA 



FLASH POINT (METHOD USED): Self ignites above 1750*F (Indirect Heating/. (954'C). 

FLAMMABLE LIMITS: LEL - N/A UEL - N/A 

EXTINGUISHING MEDIA: Dry sand or flooding with large amounts of water. 

SPECIAL FIRE FIGHTING PROCEDURES: Water application should be at a reasonable distance. Use 

of hand water buckets or hand storage pumps is not recommended. 

UNUSUAL FIRE AND EXPLOSION HAZARD: Self propagating high temperature reaction will occur if 
heated above ignition (flash point) temperature. Generates molten metal, slag, and dense, dusty smoke. 
Volatile, combustible decomposition products produced from plastic packaging. 



REACTIVITY DATA 



STABILITY: Stable 

CONDITIONS TO AVOID: Temperatures above ignition (flash point). 

INCOMPATIBILITY (MATERIALS TO AVOID): Typical of problems associated with molten metals. 

HAZARDOUS DECOMPOSITION OR BYPRODUCTS: None 
HAZARDOUS POLYMERIZATION: Will not occur. 



5. HEALTH HAZARD DATA j 

ROUTES OF ENTRY: Primary route cf entry - Inhalation. 

HEALTH HAZARDS: Burns from contact with reaction or reaction products, or from hot equipment. Dust 
and fumes are irritant to eyes and upper respiratory tract Inhalation of high concentrations of freshly 
formed oxide fumes and dusts in the respirable particle size range can cause influenza-like iliness termed 
metal fume fever. Copper oxide dust may by repeated or prolonged inhalation occasionally cause 
ulceration and perforation of the nasal septum. Long term exposure to copper containing dusts may cause 
aiiergic dermatitis. 



CARCINOGENICITY: NTP - No IARC MONOGRAPHS - No 

SIGNS/SYMPTOMS OF EXPOSURE: (See Health Hazards) 



OSHA REGULATED - No 



EMERGENCY AND FIRST AID PROCEDURES: Standard treatment for burns in event of contact with 
molten metal, slag, or hot equipment. Fcr inhalation of dust, fume, remove from exposure, provide fresh 
air, flush eyes with water, consult physician. 



MAT E RIAL SAFETY OAT A SHEET 



PAGE: 3 OF 3 



PRODUCT FAMILY: CADWELD® ELECTRICAL WELDING MATERIAL 

MATERIAL TYPES F20, F33, F76. F80, XF19 INCLUDING CA, SB, PB, XL, XF, ACB, ACC 

DATE PREPARED: 3/8/90 REVISED: 9/15/97 MSDS: 233I 



6. PRECAUTIONS FOR SAFE HANDLING AND USE | 



ACTION TO TAKE FOR SPILLS/LEAKS: All unused, spilled materiels may be swept up (or disposal, ir. 
accordance with methods outlined below, and Federal, State, and Local regulations. 

WASTE DISPOSAL METHOD: Contact factory for assistance or dispose of in accordance with Federal, 
State, and Local regulations. 

PRECAUTIONS TO BE TAKEN IN HANDLING AND STORING: Material should be kept dry and stored 
in "NO SMOKING OR OPEN FLAME" area. Restriction to authonzed personnel is recommended. 

OTHER PRECAUTIONS: For additional information, see American National Standard, Safety In Welding 
And Cutting, Z49.1 and instructions provided with molds. 



7. CONTROL MEASURES 



RESPIRATORY PROTECTION: Normal use predudes use of special protection as material is generally 
used out of doors, in small quantities and Is of short duration. 

VENTILATION: Local Exhaust • May be necessary if used in confined space. Special • Use of NIOSH 
approved respirator for dusts and metal fumes in lieu of local exhaust. 

PROTECTIVE GLOVES: Recommended for handling hot equipment. . 

EYE PROTECTION: Safety glasses recommended and caution to user to avoid direct eye contact with 

"flash" of light from reaction. 



8. ADDITIONAL INFORMATION 



This product contains compounds which are subject to reporting requirements of Section 313 of Title III of 
SARA and 40 CFR 372. 



Prepared By: J)fou M*Jl{ 



DEAN MQPRE 



Title: PRODUCT PMSiNPfp 



State ot (Jantorma 



Memorandum 



Date : September 23, 1999 

To : To All Staff 

From : Sierra Conservation Center, Jamestown, CA 95327 

Subject : INSTITUTIONAL LOCKDOWN 

On Friday, September 24, 1999, after the completion of the morning meal, the entire 
institution will be placed on lockdown status. The purpose of placing the institution on 
lockdown status is to conduct searches of inmate living quarters and work areas. 

There will be no inmate movement outside the backgate area, except for the employee snack 
bar workers. All of the Central Division crew officers will report to the Custody Captain. All 
unit staff will report to their respective Facility Captain for assignment. 

Tuolumne Unit: inmates assigned to PIA will be allowed to go to their job assignments. 

If any additional information is needed, contact R. Bird, Custody Captain, at extension 5417. 




.. 



Date; Oct 5, 1999 

To; Warden M. C. Kramer 

Subject: Formal Complaint Against Associate Warden W.F.Heise 
Concerning Possible Staff Endangerment and Peace Officer Bill of Rights 
Violations. 

On Friday, Sept 24, 1999 I assisted in the search of the Sierra Conservation 
Center's ecology center. Associate Warden W. F. Heise was in charge of this 
search. At approximately 0945 hrs. I was present in the ecology center's 
office with Associate Warden Heise, Sergeant E. Mefford, and Officer K. 
Uekert. Officer Uekert is in charge of the ecology center during this shift, 
this day. 

Mr. Heise asked to search Officer Uekert' s lunch box. Officer Uekert said 
sure and opened his lunch box for Mr. Heise' s inspection. The mood was 
friendly and I could see that there wasn't any tension between Mr. Heise and 
Officer Uekert at this time. Mr. Heise pointed at several items and one at a 
time Officer Uekert explained what they were. Mr. Heise asked about the 
medication Officer Uekert had in his lunch. There were three different types 
and Officer Uekert explained there uses. Mr. Heise and I said that one of the 
medications looked similar to an illegal drug that is commonly referred to as 
a cross top or benny. Officer Uekert agreed that it did look like a cross top 
but it is not one. Officer Uekert said that it is a non prescription drug that he 
needs for a lung problem he has. Officer Uekert even tried to show us a scar 
he has on his left side that was the result of an injury he incurred that 
damaged his lung. 

Mr. Heise didn't want to see the scar but did say that he was going to test the 
drug. Officer Uekert said go ahead I'll even pee in a bottle for you if you 
want. Mr. Heise called for Sergeant KirkJand to bring a field test kit to our 
location. Sgt. Kirkland arrived and Mr. Heise ordered Officer Uekert out of 
the room. Officer Uekert complained but Mr. Heise insisted and told Lt. R. 
Bird to make Officer Uekert stay outside. Officer Uekert said that what Mr. 
Heise was doing is wrong and there was a liability for his actions. Mr. Heise 
again ordered Officer Uekert from the Room . Officer Uekert became upset 
and appeared to be crying and praying. The test proved to be negative tor 
illegal drugs and in fact proved to be what Officer Uekert said it was. 



I 



(2) 

Mr. Heise said to give Officer Uekert back his lunch and he left the area 
towards our Inmate Day Labor area. Almost everybody else left towards 
their next search assignment. Lt. R. Bird, Sgt E. Mefford , Officer Uekert 
and myself were left in the ecology center. Officer Uekert was still very- 
upset and appeared to be crying. Lt. Bird was attempting to console him. 

I'd like it noted that Mr. Heise never attempted to console Officer Uekert 
nor show him any consideration. Mr. Heise's manner was every cold, 
callous, and uncaring and did not ask if Officer Uekert was alright before he 
left. 

Charge No# 1: Mr. Heise violated Officer Uekert's Peace 
Officers Bill Of Rights when he would not allow Officer Uekert 
to be present during the testing of his medication. 

Charge No# 2: Mr. Heise's treatment of Officer Uekert was 
very inconsiderate and appeared to be purposely demeaning 
and cruel which is a violation of CCR. 3391 Conduct 

During the rest of the day I had several occasions to see Officer Uekert 
working around the ecology center. He appeared to have regained his 
composure. At approximately 1430 hrs I was finished with my reports 
concerning the search and started another shift on the Tuolumne yard. 

On Monday, September 27, 1999 I was informed that at approximately 
1500 hrs, Friday, September 24, 1999 as Officer Uekert was leaving work, 
he was placed on A.T.O. for allegedly brandishing a knife in a threatening 
manner with the intent to intimidate. 

Mr; Heise alleges during the morning of the search Officer Uekert 
approached him outside of the ecology center. Mr. Heise alleges that Officer 
Uekert was brandishing a large knife near Mr. Heise with the intent to 
threaten him and or intimidate him. This took place prior to the lunch box 
search, between 0000 hrs and 0945 hrs. 

During this alleged criminal act, Mr. Heise never asked for the alleged 
weapon, never asked him to stop his alleged criminal activity or ask Officer 



(3) 

Uekert if this criminal act was his intent. Mr. Heise, who is the leader of this 
search team that was comprised of more then 30 other staff members didn't 
even warn any of the staff that Officer Uekert was armed with a large knife, 
is allegedly mentally unstable, and allegedly just committed a criminal act 
with this knife. Mr. Heise allowed Officer Uekert to continue to work with 
the rest of the staff for 6 more hours and allowed him to retain the knife he 
allegedly used to commit the crime. 

At the end of the day, just prior to Officer Uekert completing his shift, and 
after violating Officer Uekert' s Peace Officers Bill Of Rights, Mr. Heise 
reports that Officer Uekeit has committed a crime and is loo dangerous to 
continue to work. 

If what Mr. Heise has reported is true then the following is also correct: 
Charges 3,4,5,and 6 

1) Mr. Heise did not attempt to stop a crime in progress, 
which as a peace officer it is his primary duty. 

2) Mr. Heise failed to warn the staff he was supervising 
that their safety may be endanger from a alleged knife 
wielding mentally unstable officer. 

3) Mr. Heise allowed the alleged criminal to maintain 
possession of the alleged weapon used in this alleged 
crime. 

4)By his failure to act, Mr. Heise had caused a 
temporary breach of safety and security of this 
institution. 

As managers and supervisors we have the responsibility and should have 
the ability to be able to make sound decisions because our subordinated 
lives maybe at risk. Mr. Heise is in a position of 



(4) 

great authority and has shown that his ability to make sound decisions is 
very questionable. I find it highly suspect that hours after violating Officer 
Uekert's Peace Officers Bill Of Rights Mr. Heise reports that Officer Uekert 
Committed crime against him. Especially when it is well known that Mr. 
Heise and Officer Uekert for the past 8 years has on numerous occasions 
been at odds with each other. Officer Uekert had attempted to sue Mr. Heise. 

If Mr. Heise submitted a bias, slanted, and incorrect report, because of the 
above-mentioned reasons, then we will resubmit this complaint with two 
more additional charges, Dishonesty, and filing a false police report. 

It should be noted that the Sierra Conservation Center's CCPOA chapter 
president, Officer R. Callison, is co-sponsoring this complaint. 

We are requesting that this complaint be investigated as a level II 
investigation. We also request that the investigator be from an 
independent agency. 

If you have any further questions please contact Lieutenant Ford Canutt or 
Officer Rick Callison at (209) 984-5291. 

Lieutenant F. D. Canutt Officer R. Callison 

CCSO Chapter President CCPOA Chapter President 

Sierra Conservation Center Sierra Conservation Center 



California Correctional Peace Officer Association 

MEMORANDUM 

October 5, 1999- 
To- M.C. Kramer 

Warden 
Sierra Conservation Center 

From: Rick Callison 

Chapter President 

Sierra Conservation Center 

RE: FORMAL LETTER OF COMPLAINT AGAINST ASSOCIATE WARDEN 

W. HEISE 

Dear Mr. Kramer, 

On Friday, September 24*, 1999 at approximately 1030 hours, Mr. Heise 
pulled me aside to inform me that he had just completed a search of Officer Uekert's 
lunch box and work site This conversation took place outside of the IDL office. Mr. 
Heise stated that Ecology center had a lot of contraband such as weights and radios 
He also mentioned that the Officer's assigned to the Ecology center may be issued 
1 123 counseling chronos as a corrective measure to insure that the Ecology center is in 
compliance with departmental policies. I asked Heise what was found in the lunch 
box. Heise stated that there was a newspaper, bible, and some pills. He informed me 
that they (ISU) had done a field test on one pill that appeared to be a "Cross Top" The 
t test proved to be negative. Heise stated that Uekert was up-set and that he relayed this 

information to you for possible EAP counseling. At no time did Heise mention that 
Uekert had threatened him with a knife or that Uekert may be a threat to himself or a 
i threat to the Safety and Security of this institution. 

There is possible Peace Officer Bill Of rights violations as well as conduct violations 
committed by Heise, as outlined in the complaint authored by Lieutenant F Canutt I 
am co-signing the complaint in hopes that an independent agency will conduct a 
proper investigation into this matter. Mr. Heise holds a high rank within the 
department, and I do not feel that it is proper to have subordinates questioning him on 
the alleged knife incident. 

This Memorandum will be attached to the four- (4) page formal complaint authored by 
Lieutenant F. Canutt and co-signed by me. 



Thank you, 

Rick Callison 
Chapter President 
CCPOA, SCC 






L - 



I 



State of California 



Memorandum 



Date : September 23, 1999 

To : James Fee 

Taskforce Team Leader 



From : Sierra Conservation Center, Jamestown, CA. 95327 
Subject: IDL SECURITY SEARCH ON SEPTEMBER 22, 1999 



On Wednesday, September 22, 1999, at approximately 1300 hours while performing my 
duties as a member of the Sensitive Information Taskforce, Officer B. Canaday and myself 
were searching the IDL worksite. We discovered a room with what appeared to be weights 
made out of large PVC and concrete. The room was secured with a padlock. At that time, 
Butch Lee walked by, I asked him " what's the'weight room here for?" He stated "Officer 
J. Popke put the weights in this room and locked the grill gate." I contacted Officer J. 
Popke via institutional radio and asked him to meet Officer B. Canaday and myself at the 
nrehouse conference room. I informed Officer Popke that we had discovered a weight 
room in the IDL work area and that Butch Lee told us that you had put the weights in the 
room. Officer Popke explained to Canaday and myself that he finds inmate manufactured 
weights all the time, hidden in various connex boxes located all over the IDL worksite. 
When he discovers them, he has them all gathered up and taken to a small building where he 
locks them up so inmates do not have access to them. Officer Popke further stated, "All 
IDL staff have a key to the building where the contraband weights are locked up." 

I also talked to inmate Schaapman J66091, 7416L, who told be that some of the inmates in 
IDL make weights and lift them during lunch, but when Popke finds them he has them 
locked up. 



R. Storm 
Correctional Officer 



State of California 

Memorandum CONFIDENTIAL 

Due : September 23, 1999 

To :W. H. Heise _•' 

Associate Warden 
Central Operation 

From : Sierra Conservation Center, Jamestown, CA. 95327 

Subject: CONFIDENTIAL INFORMATION REGARDING INMATE DAY LABOR. 

Intelligence information gathered to date indicates the following areas of concern: 

1 . Gun Powder for blasting and cad-welding used by Electrician Johnson are stored in the 
desk of Ken Kusler or Keith Ramos located in the main office and in the trailer office 
used by Mr. Lee and Mr. JOHNSON. 

2. Sixty Five to Seventy Cheese-burgers have been prepared and smuggled to IDL by 
Inmate Snack bar workers via the Ecology Crew workers to the IDL workers. This has 
happened on several occasions over the past few months. Three shipments of the 
Cheese-Burgers were intercepted by Officer Ekert assigned to the ecology crew. 

* 

3. Inmates have constructed weights from steel pipe and concrete and are utilizing a 
weight room located next to the sewer treatment office. 

4. Conex boxes containing hazardous materials, paint, paint remover, ether, epoxy 
remover, ect. . . have been left unsecured with no supervision. 

5. Conex box Ten contains approximately forty cans of spray paint and numerous cans of 
ether, left unlocked and unsupervised during the working day. 

6. Next to the Sewage Treatment tool-room is approximately Six cans of uncontrolled 
gasoline and solvent in an unlocked open container! 

7. Staff have provided inmates with food items; ie, sodas, pies, poppers, chips, 
sandwiches, ect... 

8. A former free staff Moniker "WIGGY" and another free staff member were involved in 
several heated arguments almost resulting in a fight over "WIGGY'S" wife. 

9. Tool room inmates were provided keys to tool rooms, personal vehicles, state vehicles, 
residences, personal mail-boxes, ect... 

- 10. Clerks bad access to state computers, personal information, fax lines, telephones, and 
were left unsupervised for short periods of time in the offices. 



ILL.Kirkland 
Security Squad Sergeant 



oiaie or i^ainomia 



Memorandum 

Date : September 23, 1999 



CONFIDENTIAL DOCUMENT 



To 



All Facility Captains 



From : Sierra Conservation Center, Jamestown, CA 95327 



subject : SPECIAL INTERVIEWS 



On Friday, September 24, 1999, approximately 45 inmate workers assigned to the Inmate Day 
Labor program will be interviewed by selected staff members regarding the possible 
unauthorized release of sensitive information. 

These interviews are scheduled to take place beginning at approximately0830 hours in the 
Mariposa Unit Counselor's Trailer, (Note: the Mariposa Unit Counselor Trailer is to be vacant 
of all staff and inmates in order to be used by the team). 

Instruct the following staff members to report to the Executive Warden's Conference Room 
for a briefing at approximately 0800 hours: 

K.POOL 

B. CHECHOURKA 

C. BASALDU 
J.ANDRADE 
J.MARTINEZ 
T. RAMBACK 

In addition, the counselors assigned to the Mariposa and Calaveras Units are to report to their 
respective unit lieutenant for assignment. 



£^ 




W. F. HEISE 
Associate Warden 
Central Division 



JAPOS C, RS.OO» 



CDCl INMATE NAME ETH CELL BED 



California Department of Corrections 
SIERRA CONSERVATION CENTER 

lr<»ate Assignees Office Positions oy Location 

JOB TITLE CUST POSITION* P6 flSGN DTE 



WORK HOURS 



Seport Date: G9/2B 
Page ho: 



I wST rtDG' 5 



LX CODE: 13W QUOTA: 42 VAC PCS: 1 FILLED POS: 41 ETH D1ST. WHI: 24 BLA: 7 McX: 9 Ani: 1 OTri: 



tf 






l30e ANDERSON 
KiBlU' CATTRON 
J3M61 LEGS 
P41878 PROVENCIO 
PU670 HILTON 
Pi 8739 KAUFMAN O'A 
•vtaSS HUNTER 4 V ^ 
06603 1 SCHAAPIWi ) 
J1Q407 BUSH 
J393A5 BAILEY 
P36133 SCHULTZ 
E6O470 MAJORS 

nan velasquez 

HS8624 EDWARDS 
i)7 * 0% COLC - 
P24322 CALLISON 
H38083 ARROYO 
i? 6 9 1 3 MACME 
P21158 BLAKE 
K37372 WEBB 
J36490 ABRAHSON 
P33361 HERNANDEZ 

_H11907 CANTREL p 
P01785 RAMOS 
E78735 DAU6HERTY 
H37144 MYERS 
P223B5 WOOLEM 
K88570 JOHNSON 
J40761 FOSTER 
P09244 SMITH 
P40156 FLOOD 
H73638 MCCREI6HT 
P27665 ROMINE 
J33A78 SCHILTZ 
D30761 RIOS 
PI 1350 HOFFATT 
P17436 TOVAR 
D25832 SNELLENBURGER 
P25498 RODRIGUEZ 
K13933 WILLIAMS 
P02303 MEANS 



W CAB 2500000006L 
B MAD W00000016U 

M CAA U200000016L 
M MAD 4900000016U 
B CAA 08000000O9U 
B CAB 2400000003L 
W CAB 2500000012L 
W MAF 740OOOOO16L 
W CAA 0200000014U 
B CAA 1000000003L 
W CAC 3300000013U 
B CAA 0400000015L 
M CAA 04OOO00013L 
W CAC 3100000001U 
W CAA 0400000005U 
W CAA 0600000003L 
M CAA 0200000002L 
W 6R0000000000102 
W CAB 24O00OOO07L 
W CAC 3500000006L 
W CAC 34O0000013L 
M CAA 0400000011U 

W MAF 740OOOOO02L 
M CAB 1800000010L 
B CAB 2000000001L 
W MAF 73000OO002U 
M CAC 3800000006L 
W CAC 2900000009L 
B CAA 0600000005U 
W MAF 6600000008L 
W CAA 0800000005L 
W MAD 4O00000014U 
W HAD 4200000004U 
U CAC 34OOO00O03L 
M CAA 0200OOO0O2U 
W CAC 3S0QOOOOO3U 
M CAA 04000000 16L 
W CAA 0200000012L 
M CAA O2OOOO0010L 
W MAF 69O0OO0O01L 
A MAF 7000000004L 



TOTAL POSITIONS AT LOCATION 13W : 42 



INMATE DAY LABOR 
INMATE DAY LABOR 
INMATE DAY LABOR 
INMATE DAY LABOR 
INMATE DAY LABOR 
INMATE DAY LABOR 
INMATE DAY LABOR 
INMATE DAY LABOR 
iNMATE DAY LABOR 
INMATE DAY LABOR 
INMATE DAY LABOR 
INMATE DAY LABOR 
iNMATE DAY LABOR 

inmate day labor 
inmate dqy labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 
inmate day labor 

iNMATE DAY LABOR 
INMATE DAY LABOR 



MINB IDL-6.002 
M1NB IDL-6.003 
MINB 1DL-G.004 
MINB IDL-6.005 
MINB 1DL-G.006 
MINB iDL-6.007 
MINB IDL-6.008 
MINB IDL-6.009 
MINB IDL-6.010 
MINB IDL-6.011 
MINB IDL-6.013 
MINB IDL-6.014 
MINB IDL'-G.m5 
MINB 1DL-6.016 
MINB IDL-6.017 
MINB 1DL-6.019 
MINB IDL-6.020 
MINB IDL-6.021 
MINB IDL-S.022 
MINB IDL-G.024 
MINB IDL-G.025 
MINB IDL-G.026 
MINB IDL-G.027 
MINB IDL-6.028 
MINB IDL-6.029 
MINB IDL-6.030 
MINB IDL-6.031 
MINB IDL-B.032 
MINB IDL-6.033 
MINB IDL-6.036 
MINB IDL-6.037 
MINB IDL-6.038 
MINB IDL-G.033 
MINB IDL-6.040 
MINB IDL-6.041 
MINB IDL-6.042 
MINB IDL-6.044 
MINB IDL-6.047 
MINB IDL-6.048 
MINB IDL-6.054 
MINB IDL-G.064 
MINB IDL-6.070 



u 03/16/33 0730 1130 1200 1530 A 
6 08/19/33 0730 1130 1200 1530 A 
G 03/24/96 0700 1130 1200 i530 S 
6 09/16/99 0730 1130 1200 1530 A 
G 07/23/33 0730 1130 1200 1530 A 
G 03/11/33 0730 1130 1200 1530 A 
G 03/03/33 0730 i 130 1200 1530 A 
G 03/31/38 0700 1130 i200 1530 F 
G 02/11/93 0730 1130 1200 1530 A 
6 06/06/98 0700 1130 1200 1530 S ' 
6 08/25/99 0700 11 30 1200 1530 S- 
6 07/23/99 0730 1130 1200 1530 A 
6 12715/98 0730 1130 1200 1530 A 
G 06/16/93 0730 1130 1200 1530 A 
G 05/26/99 0730 1130 1200 1530 A 
6 08/26/99 0730 1130 1200 1530 A 
G 05/26/99 0730 1130 1200 1530 A 
6 06/27/99 0700 1130 1200 1530 S 
6 09/09/99 0730 1130 1200 1530 A 
6 07/01/99 0730 1130 1200 1530 A 
6 06/24/99 0730 1130 1200 1530 A 
6 08/12/99 0730 1130 1200 1530 A 
G / / 0730 1130 1200 1530 A 
6 11/21/96 0730 1130 1200 1530 S- 
6 03/13/99 0730 1130 1200 1530 A 
6 12715/98 0730 1130 1200 1530 A 
G 09/15/98 0730 1130 1200 1530 5 
6 08/20/99 0730 1130 1200 1530 A 
6 03/13/99 0730 1130 1200 1530 A 
6 06/19/99 0730 1130 1200 1530 A 
6 12/30/98 0730 1130 1200 1530 A 
6 09/09/99 0730 1130 1200 1530 A 
6 03/02/99 0730 1130 1200 1530 A 
6 09/18/99 0730 1130 1200 1530 A 
6 09/09/99 0730 1130 1200 1530 A 
G 10/31/98 0700 1130 1200 1530 S 
6 12/25/98 0700 1130 1200 1530 S 
G 06/15/99 0730 1130 1200 1530 A 
.6 03/20799 0700 1130 1200 1530 S 
6 08/17/99 0730 1130 1200 1530 S 
6 05/01/99 0730 1130 1200 1530 A 
6 03/03/99 0730 1130 1200 1530 A 



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GRAND TOTAL NUMBER OF POSITIONS: 



*fl fa»JQ> 



State of California 



Memorandum 



Date : October 14, 1999 

To : M. C. Kramer 

Warden 

From Sierra Conservation Center, Jamestown, CA 95327 

subject : INSTITUTION LOCKDOWN 

On Tuesday, October 19, 1999, and Wednesday, October 20, 1999, after the completion of the 
morning meal, the entire instimtion will be placed on lockdown' status. The purpose of placing 
the insntution on lockdown' status is to conduct searches of inmate living quarters and work 
areas of the Calaveras, Mariposa and G-Dorm Units. Calaveras and G-Dorm will be searched on 
October 19, 1999 and Mariposa will be searched on October 20, 1999. 

There will be no inmate movement from either unit once the search starts. Second watch Snack 
Bar workers will go to work and remain at work until the Calaveras search is completed. 

FTP and PIA inmate work ers w ill report to work immediately after breakfast. Upon the 
completion of their workday, FTP students will receive an unclothed body search prior to being 
released to their respective units. 

The Tuolumne Unit will also be on lockdown' status and all available staff will be diverted to the 
Calaveras Unit on October 19, 1999. All correctional counselor I's, correctional counselor IPs, 
academic /vocational instructors, SAP custody/correctional counselor I's, Maintenance and 
Central Division staff will be re-directed for this search. PIA will be allowed to go to work and 
will be covered by two PIA Officers. 

The following is the operations plan for conducting a search of the Calaveras Unit and G-dorm 
on Tuesday, October 19, 1999. 

SITUATION: 

To accomplish a complete and thorough search of all inmate living and work areas in the 
Calaveras and G-Dorm units. The focus of the search will be on weapons, blasting caps, 
explosives, computer disks, aluminum magnesium powder, tools, inmate-manufactured weights 
and any personal items relating to staff. ISli staff will have examples of recently found materials 
such as those mentioned. All second watch staff will remain on duty until search is complete. 
Third watch staff will supplement the search teams. 

MISSION: 

^ Approximately 85 designated custody and support staff will be assigned to the search. 
^ There will be eight teams, each with a designated sergeant for direct supervision. 

> The teams will range from ten to 15 staff. 

^ There will be no lunch breaks; all staff will be required to remain on site to eat Staff that is 

designated half-hour lunch breaks will be paid overtime, 
r* Staff will be prepared to work until the searches are completed. Completion of the search is 

approximated at 1 630 hours. 

> ISU will provide seven staff members for evidence gathering and crime scene preservation. 

> Each unit will run at First Watch staffing, and will include the facility captain and lieutenant 
re mainin g in their respective units as part of the staffing. All available staff are needed for 
this search 

?" De c .:?nated Fdv.caaor. staff ".-ill be assigned uc '..cribes' (one f-- each tearaV _A ec~pl?''. rid 
detailed log of all contraband found will be documented. 



> Maintenance staff will be on hand with appropriate tools to assist in searching areas not 
no rmall y accessible to staff. 

> The Snack Bar will provide an easy to-go lunch for those staff who buy their lunches. 

EXECUTION: 

On October 15, 1999, a briefing will be held with associate wardens, facility captains, the 
Correcnonal Custody Captain, and corxecnonal lieutenants involved in pre-plan search. 

On, or bv, October 18, 1999, one day prior to the scheduled search, a complete roster of search 
teams will be set-up by Captain Lammore and Lieute nan t Bird. 

On, or by, October 18, 1999, Culinary will prepare enough sack lunches for October 19, 1999. 

On, or by, October 18, 1999, all anticipated required movement will be pre-planned and 
scheduled. Delivery trucks to culinary, canteen, new arrivals, OTC's, paroles, etc. Facility 
Captains Everly and Lucas will facilitate. All movement that can be rescheduled will be. 

On October 18, 1999, all required equipment will be placed in the Associate Warden, Central 
Division, office prior to close of business (Captain Lattimore and Sergeant Perez). 

On October 18, 1999, all support staff participating in the search will be notified by their 
supervisor and advised to wear proper clothing and to bring needed items. 

On October 18, 1999, contact IDL, PIA, and SAP regarding program changes. 

On October 19, 1999, at 0530 hours, the Watch Commander will be notified by Captain 
Lammore to place SCC on lockdown status after the morning feeding. 

At 0700 hours, the second watch inmate Snack Bar workers will report to work. They will 
remain at work until the completion of the search on Calaveras. Third watch Snack Bar crew will 
remain on lockdown status. 

At 0730 hours, the search team supervisors will meet in the Plaza area for a briefin g wit h second 
watch Calaveras and Mariposa Lieutenants. Equipment will be issued at that time. FTP/PIA will 
be processed for work. 

At 0800 hours, all search team members will report to the Calaveras unit for assignment. 
Sergeants will brief team members regarding the purpose and expectations of the search. All 
team members will be under the direct supervision of the Search Team Sergeant 

At 0830 hours, the search will commence. The search will be conducted systematically so 
contraband cannot be passed to dorms previously searched 

At approximately 1200 hours, 30 cadets will be assigned to search the G-Dorm. Half the inmate 
population will be placed on the Calaveras yard, the other half on the Mariposa yard 

The G-Dorm Sergeant will be the team leader and organize a systematic search of all areas of the 
gym. The cadets are scheduled to be here for approximately five hours. 

At 1600 hours, assessment of the search program will be discussed in the EOC. Facility captains 
and lieutenants will ascertain how long custody/support staff will be held over. ' Any areas of 
concern will be discussed The next day's mission will be discussed 

At the completion of the search, inmates will be fed a hot meal in the dining rooms. 

> Culinary procedure is outlined in ■ detail on the attached memorandum authored by Ron 
Gorharn, Business Manager. (Inmates are required to receive a hot meal every 15 hours 
unless a State of Emergency is ordered). 



The following is the operations plan for conducting a search of the Mariposa Unit on 
Wednesday, October 20, 1999. 

SITUATION: 

To accomplish a complete and thorough search of all inmate living and work areas in the 
Mariposa unit The focus of the search will be on weapons, blasting caps, explosives, computer 
disks, aluminum magnesium powder, tools, inmate-manufactured weights and any personal items 
relating to staff. ISU staff will have examples of recently found materials such as those 
mentioned. 

MISSION: 

^ Approximately 85 designated custody and support staff will be assigned to the search. 

^ There will be eight teams, each with a designated sergeant for direct supervision. 

^ The teams will range from ten to 15 staff. 

^ There will be no lunch breaks; all staff will be required to remain on site to eat Staff that is 

designated half-hour lunch breaks will be paid overtime. 
^ Staff will.be prepared to work until the searches are completed Completion of the search is 

approximated at 1630 hours. 
^ ISU will provide seven staff members for evidence gathering and crime scene preservation. 
^ Each unit will run at First Watch staffing, and will include the facility captain and lieutenant 

re mainin g in their respective units as part of the staffing. All available staff are needed for 

this search 
^ Designated Education staff will be assigned as 'scribes' (one for each team). A complete and 

detailed log of all contraband found will be documented. 
^ Maintenance staff will be on hand with appropriate tools to assist in searching areas not 

normally accessible to staff. 
> The Snack Bar will provide an easy to-go lunch for those staff who buy their lunches. 

EXECUTION: 

On October 20, 1 999, at 0400 hours, Calaveras Culinary workers will be allowed to go to work. 
No Mariposa Culinary workers at this time. 

On October 20, 1999, at 0630 hours, count clears and line servers go to work Mariposa Line 
Servers will only be allowed in Mariposa dining room. At the completion of the meal, Mariposa 
Culinary workers will go back to their respecnve dorms. Only pre-selected Calaveras Culinary 
workers will be allowed to remain. 

On October 20, 1999, at 0530 hours, the Watch Commander will be notified by Captain 
Lammore to place SCC on lockdown status after the morning feeding. 

At 0700 hours, the second watch inmate Snack Bar workers will report to work. They will 
remain at work until the completion of the search on Mariposa. Third watch Snack Bar crew will 
remain on lockdown status. 

At 0730 hours, the search team supervisors will meet in the Plaza area for a briefin g wi th second 
watch Calaveras and Mariposa Lieutenants. Equipment will be issued at that time. FTP/PIA will 
be processed for work. 

At 0800 hours, all search team members will report to the Mariposa unit for ^assignment. 
Sergeants will brief team members regarding the purpose and expectations of the search. All 
team members will be under the direct supervision of the Search Team Sergeant. 

At 0830 hours, the search will commence. The search will be conducted systematically so 
contraband cannot be passed to dorms previously searched. 



At 1500 hours, assessment of search program will be conducted in the EOC. Facility captains 
and lieutenants will ascertain how long custody/support staff shall be held over. Any areas of 
concern will be discussed. 

At the completion of the search, inmates will be served a hot meal in the dining rooms. 

> Culinary Procedure is outlined in detail on the attached memorandum authored by Ron 
Gorham, Business Manager. (Inmates are required to receive a hot meal every 15 hours 
unless a State of Emergency is ordered). 

If anv addinonal lnformarion is needed, contact J. Russell, acting Associate Warden, Central 
Division, at extension 5220. An *EOC will be set-up in Mr. Russell's office, located on the 
Plaza, to handle any unforeseen problems. 




t. RUSSELL 
Associate Warden (A) 
Central Division 



pc: Warden 

Chief Deputy Warden 
Division Heads 
Facility Captains 
Unit Lieutenants 






State of California 



Memorandum 



d.u : October 18,1999 



to : ALL STAFF 



From : Sierra Conservation Center, Jamestown, CA 95372 



subject : Institutional Lock Down For Searching 



On October 19 & 20, 1999 Sierra Conservation Center will be on Lock down status in order to 
conduct a search of the institution. Calaveras will be searched on Tuesday, October 19 and 
Mariposa on Wednesday, October 20. All second watch staff will remain on duty until the 
searching is completed for each Unit. There will be a total of eight search teams with a 
Supervisor and a Scribe. Staffing of the teams will remain the same for both days unless you 
are on your assigned RDO's. All Third watch staff will report to their assigned search team 
Supervisor 



Team#l 
Supervisor 
Scribe 
Post 2149 
Post 2154 
Post 2161 
Post 2169 
Post 2901 
CCI 
CCI 
CCI 
Voc • 
Voc 
Tuol/Ed 

Team #3 
Supervisor 
Scribe 
Post 2478 
Post 2436 
Post 2297 
Post 2075 
CCI 
CCI 
CCI 
CCI 

ccr 

Voc. 

Tuol/Voc 



Sgt Hurtado ^ 
J. Osborne, Education 
Main Education 
Back Gate 
Crew #1 
GrewB 
Crew C 
Bassi, D 
Andrade, J 
Bennning, G 
Saririsian, B 
Orth,D 
Carpenter, D 



Sgt. Pedroso 
Muncey, L. Voc. 
T-15 
CAH/S 
TuolYD 
Plaza 
Maple, R 
Basaldu, C 
Vega, A 
Dolinsek, D 
Beckman, A 
Metcalf; R 
Contreras, M 



Team 


#2 


Supervisor 


Sgt. McCue 


Scribe 


M. Martinez, Vocations 


Post 2268 


Calyd 


Post 2272 


CalH/S 


Post 2922 


CalH/S 


Post 2258 


B-UP 


CCI 


Tennison, J 


CCI 


Shipman, J 


CCI 


Pool, K 


CCI 


Mello, V 


Education 


Olson, J 


Education 


Garcia, J 


Vocations 


Garcia, k 


Team #4 


Supervisor 


Sgt. Perez 


Scribe 


Long, C. Ed. 


Post 2232 


MaH/S 9&vD<?/> 


SA02 


DDL 


Post 2323 


B-3-FL 


Post 2330 


B-4-FL 


Post 2337 


B— FL 


CCI 


Chourhourka 


CCI 


Guthery, R 


CCI 


McCue, E 


CCI 


Larkin, L 


Tuol/Voc 


Champ, B 


Tuol/ED 


Parson, M 



Team #5 




Team #6 


Supervisor 


Sgt. Qauglia 


Supervisor 


Sgt. Semsen 


Scribe 


Buotin, D. Tuol/Ed 


Scribe 


Sturgill, A. TuoWoc 


Post 2376 


Back Gate 


Post 2214 


D-UP </o. QoAjZAies, y 


Post 2464 


R&R 


SA05 


IDL 


Post 2151 


Voc/Maint 


Post 2466 


Ecology 


Post 2255 


A-low 


Post 2400 


Tuol H/S 


Post 2920 


Crew D 


Post 2168 


Crew A 


CCI 


Reese, J 


CCI 


Kelly, V 


CCI 


Cooper, M 


CCI 


Farrington, S 


CCI 


Theriot, B 


CCI 


Martinez, J 


CCI 


Kramer, R 


CCI 


Weightman, I 


Voc. 


Castellon, J 


Ed. 


Lopez, S 


Voc. 


Heath, H 


Voc. 


Overton, M 

• 


Team #7 




Team #8 


Supervisor 


Sgt. Wedel 


Supervisor 


Sgt. Wise 


Scribe 


Castro, S., Ed 


Scribe 


Danielson, M., ED 


Post 2262 


C-UP 


Post 2304 


B-l-FL 


Post 2215 


D-low 96 ^0G>e2^s 


Post 2368 


MA H/S % STfrtteS 


Post 2223 


F-low % SiZ&K 


Post 2402 


Tuol ED 


Post 2228 


MAYD^fc \HSSS 


Post 2421 


PIA/VOC 


Post 2218 


E-UP <V0<S&O7'&&. 


CCI 


Starks, T 


CCI 


Hopkins, H 


CCI 


Gomez, C 


CCI 


O'Neal, H 


CCI 


Ramback, T 


CCI 


Gordon, R 


ED 


Ward,D 


Voc. " 


Bell, H 


ED 


McGill, R 


Voc. 


Franz, D 




Rutheford, R 


Toul/Voc 


Malone, J 







Third Watch staff will report to watch Commander for assignment. 




>/ Associate Warden (A) 
Central Division 



*c: Watch Office 
Division Heads 



Memorandum 



Date : October 18, 1999 



To 



All Scribes 



From : Sierra Conservation Center, Jamestown, CA 95327 



Subject : DUTIES OF THE SEARCH SCRIBES 



The following is a description of the necessary information that all scribes need to ensure is 
documented during the searches. 



A. If contraband is found in a bed area, that will generate a CDC 115. It will be necessary to 
document the following: 

1. The responsible inmate's name and number. 

2. The staff member's name who found the contraband. 

3. The time of discovery. 

4. The dorm and bed number where the contraband was found. 

5. The disposition of the contraband (e.g., was it turned over to ISU as evidence, was it turned 
over to the unit office, or was it disposed of per institutional procedure). 

6. Ensure that you describe the contraband with enough detail to support a CDC 115. 

B. While your assigned search team is searching each dorm, you and your team leader are to 
assess the maintenance needs of the dorm. Document what work orders need to be 
prepared for each dorm. 

The overall success of this search will weigh heavily on how well you have documented the results of 
your team's search. 




pc: Warden 

Chief Deputy Warden 
Division Heads 
Facility Captains 
Unit Lieutenants 



14 i 



State of California 

Memorandum 




7uu~flu£> '^husvioo 



Date 


: October 15, 1999 


To 


: J. Russell 




Associate Warden (A) 




Central Division 



k/ ike ^inujxUx&LJ 

From : Sierra Conservation Center, Jamestown, CA 95327 — ' (_) 

Subject : OPERATIONAL PLAN - CULINARY AND SNACK BAR 

CULINARY -MAIN 

Tuesday, October 19, 1999 

Breakfast: Regular feeding program. All inmates will receive a sack lunch when 
departing dining hall. 

♦ At the time of yard recall, all Culinary inmate housed on Calaveras will 
be released to return to their dorms (NO exceptions). 

♦ A crew of approximately 32 inmates from the Mariposa yard will be 
retained to facilitate the preparation of the next days sack lunches and 
the dinner meal. 

Dinner: Feeding will begin upon completion of the search. The Calaveras serving 

line will utilize Calaveras inmates for the service line only. These inmates 
will not be allowed into the Culinary or Mariposa dining hall. 

Wednesday, October 20, 1999 

Breakfast: Regular feeding program. All inmates will receive a sack lunch when 
departing dining hall. 

♦ The Culinary will only utilize inmates from the Calaveras yard to 
prepare the breakfast meal. 

♦ The Mariposa servicing line will be manned with inmates from 
Mariposa only. These inmates will not be allowed into Culinary on the 
Calaveras dining hall. 

♦ At the time of yard recall, approximately 32 of the inmates from the 
Calaveras yard will remain in Culinary to complete the cleanup from 
breakfast. They will then prepare the sack lunches for Thursday 
(10/21/99) and prepare the dinner meal 



OPERATIONAL PLAN - CULINARY AND SNACK BAR 
Pagc2 



Dinner: The dinner meal will begin after completion of the Mariposa yard search. 

The regularly assigned inmates will be used for serving and cleanup of the 
dining halls and Culinary. 

CULINARY -TUOLUMNE 

Tuesday, October 19 and Wednesday, October 20, 1999 

Breakfast: Normal operation and menu. 

♦ At the yard recall, the assinged culinary inmates will remain on their 
assignments. The PM shift culinary inmates may relieve the AM shift, 
if the unit staffing permits. If not, the AM inmates will remain on duty 
until the staff are available. 

♦ Sack lunches will be prepared and distributed on the regular schedule. 

Dinner: Feeding will begin after the count clears and Tuolumne Unit staffing have 

returned. Assigned inmates will be used for serving and cleanup of the 
dinmg halls and Culinary. 

SNACKBAR 

Tuesday, October 19 and Wednesday, October 20, 1999 

♦ The normal 2" d Watch inmate crew will be released to work. 

♦ At 3 rd Watch, the 2 nd Watch inmate work crew will remain on duty in the Snack Bar 
until the completion of the days search. At that time, the assigned 3 rd Watch inmates 
will be released to work and 2 nd Watch inmates returned to the units. 

♦ First Watch inmates will be released to and from work on the normal schedule. 



If you have any further questions or concerns, please contact me at extension 5317. 

s 




RON/GORHAM 

Correctional Business Manager II 



A-* J»_*AJO 111 *.&%*%*, one OliU HCt IILUUUIIU, 



nedwj ■*« CAruuncn, o«* 



ffe/> 
trself, 
id we 



\self.' 

John 

Soils, 

I ndustry 
Council 



,,. wins 
25Min 
2;tion 8 
rint funds 

ihers will help 
|.e 700 families 

hen Hannah 

I iff Writer 

e in Joaquin County Hous- 
I hority has snagged a 
n ion federal grant to fund 
■ /ative program aimed at 
a hundreds of low-income 
families pay for 
housing and get 
off welfare rolls. 

Housing Auth- 
ority spokes- 
woman Stef- 
enee Camareno 
hpln said the grant 
"**P will enable the 
1U tO Housing Auth- 
, . ority to offer 
tieip so-called Sec- 
tion 8 vouchers 
to at least 700 
additional per- 
sons or families. 
Tenants can 
use vouchers in - 
lieu of money 
to pay part of 
their rent, with 
I s receiving money from 
ising Authority for the 
i i. The Housing Authority 
; vides this type of Section 
i er to approximately 3,000 

I or fnmilip* 

i fy, in this grant we were 

l establish a housing need 

i innovative program to 

is need," Camareno said. 

reno said the grant will 
new, unique program in 
ising Authority that tar- 
sons moving from welfare 

ie other Section 8 pro- 
l person must have been 
i for at least four months 
receiving — or have 
i' received — federal or 
ilfare benefits to be cligi- 
a voucher funded by the 
nt, she said. 

legibility requirements are 
nt with the guiding prin- 
'f federal welfare reform, 
n Solis, executive director 
county Private Industry 
The council has pledged 
voucher recipients get 

eligibility requirements) 
s an incentive for those 
uals to try to attain 
nent opportunities," Solis 
lelp yourself, and we will 
u to help yourself." 

on as federal officials give 
J OK, the Housing Auth- 
rill begin awarding the 
• »al vouchers to many of 
irarimately 7,000 persons 
ilies on a waiting list, 
no said. 



Jamestown prison probe finds security lapses 




STAFFERS IMPERILED: Sierra Conservation Center guard 
Christopher Paris searches inmate Edward Wilson on Thursday 
after the inmate finished his work shift at the Jamestown medi- 



AP photo 

urn security prison. An investigation at the prison finds that 
inmates have had access to blasting caps, welding compounds 
and sensitive vital information about pnson employees. 



Inmates accessed high-risk material 



By Kiley Russell 

The Associated Press 

JAMESTOWN — An internal investi- 
gation at a medium security prison in 
Tuolumne County found that inmates 
had regular access to explosives and 
personal Information about guards, 
including Social Security numbers and 
birthdates, potentially threatening the 
lives of inmates and staff. 

Chief Deputy Warden Kathy Prosper 
acknowledged Friday that prisoners at 
Sierra Conservation Center in James- 
town, have had access to flammable 
welding compounds and blasting caps 
since January and that security sur- 
rounding staff's personnel information 
has been inadequate. 

"I'm trying very hard to get this 
place Axed," Prosper said. 

Sierra, located northwest of Sonora, 
houses about 4,000 medium and min- 
imum-security inmates. It is primarily 
used as a center to train minimum 
security prisoners as firefighters — up 
to 1,600 of whom may be on the front 
lines of the state's raging wildfires on 
any given day, according to Jerry 
Underwood, a prison spokesman. 

Many prisoners are also cleared to 
work as clerks and laborers, both in 
the prison and outside its gates. It is in 
these positions of trust, the official 
said, that inmates have had access to 




the blasting caps, welding compounds 
and sensitive vital information about 
prison employees — including names. 
Social Security numbers, home phone 
numbers, dates of birth and even col- 
lege transcripts. 

The security problems, described in 
an inch-thick stack of internal SCC 
memos and reports, were uncovered 
during a guard's final check of an 
inmate's property before being released 
from the prison on Sept. 5. 

The inmate, Douglas Guyton, was 
being processed for parole after serving 
four years for what prison officials 
would only describe as property 
crimes. 



Record 

During the final search of Guyton's 
personal property before he stepped 
outside the prison gates, the guard 
found notes with the names, address- 
es, Social Security numbers, birthdates 
or driver's license numbers of staff 
members. 

Prosper thinks Guyton got the infor- 
mation over the years doing clerical 
jobs at the prison — most recently as 
a flung and typing clerk for a prison 
employee training program. 

Guyton told SCC investigators that 
he planned to use the information to 
run credit card scams if he fell on hard 
times, according to an SCC incident 

Please see INMATES, B3 




The Record 



Saturday, October 23, 1999 B; 
Lodi Bureau 



101 W. Locust St.. Lodi 95240 

Jeff Hood, bureau chief . . 367-742 
Fax number 367-743; 

■ Mother Lode Bureau 



520 N Main St., Angels Camp 95222 
Fraros R Garland, bureau chief 736-955 
Fax number 736-956- 



nges 

'.Ling 

now 
a 15 
■ ritv 
o 20 

hers 
^nal 

vear 
mo." 
• the 
iters' 
both 

titers" 

-VNTSC 

noes. 

me a 

Ficers 

rome 

then 

er. 

want 

Lodi 

with 
cause 
■.racts 

tars. 
has 

said 

L" 

ifm- 
ed a 
iding 
icers 
J an 
e for 



INMATES 

Continued trooi B1 

rrpon. 

He coUected the information 
while sorting intra-office mail, 
allegedly rifling through loosely 
secured manila envelopes used to 
move personnel documents from 
one CDC office to another, prison 
officials believe. 

Guyton is now at another pris- 
on while the Tuolumne County 
district attorney's office reviews 
his case for a possible felony 
prosecution, said Prosper. 

Staff Is stunned 

The discovery immediately 
caused a stir among SCC staff 
and led to the creation of a task 
force charged with scrutinizing the 
security of sensitive personnel 
documents at the prison. 

The investigators soon found 
serious security problems at the 
prison fire house and the Inmate 
Day Labor center, where between 
40 and 60 low-security inmates 
gather each day to help build the 
prison's new wastewater treatment 
plant — a S8.5 million dollar pro- 
ject that started in January. 

The site is a couple of hundred 
yards from SCC's main security 
area and separated from most 
prisoners by two 40-foot high 
cyclone fences topped with con- 
certina wire. 

Between Sept. 16 and 20, the 
audit team found that prisoners 
had access to Greyhound bus 
schedules, a detailed map of the 
local area and clear sheets of 
plastic lamination that could be 
used to create fake identification 



"This stuff can be smuggled from Sierra to 
Folsom in a day. There could be explosive 
materials in a dozen prisons by now." 

— Department of Corrections whistleblower, 

who revealed information about security breaches 



and gate passes, according to the 
audit inspection reports. All these 
-materials are forbidden to prison- 
ers because of their usefulness in 
aiding escapes. 

On Sept. 22, two inmate clerks 
who worked at Inmate Day Labor 
told investigators that gun powder 
was being held in a locked draw- 
er at the day labor office and that 
inmates had access to it. On that 
same day, a guard at DDL told a 
member of the audit team that he 
saw what he thought to be a live 
blasting cap about three months 
earlier. 

Both of these conversations 
were relayed to Prosper and other 
prison administrators that day, 
.according a CDC officiaL 

And on SepL 23, a memo pre- 
pared by the IDL guard describes 
how over the previous few 
months, inmates had told him 
about seeing blasting caps just 
laying around at the IDL site, 

'During these discussions, I was 
informed that these inmates had 
seen hundreds of the blasting 
caps on the site since their assign- 
ment to the project," it concludes. 

But it wasn't until the next day 
— two days after the initial 
reports — that a team was sent to 
the site to investigate. "There was 
no good reason to wait — except 
to allow IDL workers to clean up 
their act," a CDC official said. 



Blowing the whistle 

It was this CDC whistleblower 
who originally brought SCC's 
security problems to the attention 
of The Associated Press. He said 
he was revealing the information 
because he fears the staff at Sierra 
and their families who live near- 
by remain at risk. Fearing repris- 
als in his workplace, he asked not 
to be identified. 

But the delay was not pan of 
an attempted cover-up, Prosper 
said. As soon as inmates were 
suspected of getting access to the 
sensitive staff information, the 
construction offices at IDL were 
immediately declared off limits to 
prisoners and it took the admin- 
istration until SepL 24 to organize 
a team to search the IDL, she 
added. 

As to why it took almost a 
month to search the entire prison 
for the contraband, Prosper says 
the information she was getting at 
the time wasn't reliable enough to 
warrant a full lockdown. 

"Inmates lie — we never take 
one inmate's word on any type of 
issue," Prosper said. "Our policy 
makes it clear that you have to 
substantiate the information that 
the source gives you before you 
can use that information." 

But the delay may have given 
inmates time to smuggle the mate- 
rials out of Sierra and into other 



California prisons, said the officii 
who accuses the prison's admini 
nation of failing to act quickly an 
decisively when it finally learned i 
the security problems. 

The prison administration, hov 
ever, says it has vigorous! 
attacked these security problen 
and meticulously document* 
every stage of their investigatic 
since Sept. 5 when they fin 
began to come to light. 

"We have nothing to hide 
Prosper said. "I want to make tt 
very clear, that the warden and 
took this very seriously." 

In fact, the investigation in 
the prison's security problems ul 
mately led to a two-day prist 
lockdown and an intense seari 
on Tuesday and Wednesday thi 
failed to turn up any blast!) 
caps, welding compound or stol 
information about prison emplc 
ees, Underwood said. 

But critics say explosives cot 
have been smuggled from Siet 
to other California prisons in t 
weeks before the search. 

"This stuff can be smuggl 
from Sierra to Folsom in a da 
the CDC official said. "There coi 
be explosive materials in a doz 
prisons by now." 




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| orwri urrr Killed »nd IWQ were •serious- 

• in ly -voondrd 

Ihr prison normally holds about 
I 100 inmaiev n*»rls double its capaci- 

ty Authority on Thursday evacuated 
600 prisoner-, hv boat, but 800 remained 
in the prison rnd.iv. when the prisoners 
\'.jfed their not 
Water th.i! wjs already up to 6 1 -: feet 
.k rufh was still ruing at the time of the 



donated food among the 3,000 evacuees 
who fled widespread flooding provoked 
by weeks of relentless rain Authorities 
said (here weren't enough donated 
packages of food to go around. 

Those who couldn't fit into shelters 
began camping out on highways. 

In what authorities say is the worst 
flooding Tabasco state has ever seen, 
six major rivers have overflowed, wip- 



Since Wednesday, 8 inches of rain 
has fallen in the Carrizal, Samaria, Usu- 
macinta and Grijalva rivers, pushing 
them more than 3 feet above their nor- 
mal levels. 

The flooding was almost certain to 
worsen this morning, when authorities 
planned to release more water from the 
burgeoning Penitas dam upstream in 
the neighboring state of Chiapas. 




JAMESTOWN: Smuggling 
of explosives worries official 



"-nrjay afternoon in a parachute jump oft El Capitan in Yosemite. 

jumping spurred protest 

port of our son might do some- 
thing like this and get hurt." 

Gambalie said he had worried 
that the jumpers would not be 
using top-quality equipment, be- 
cause they knew their gear 
would be confiscated. 

In fact, Mescola said Sanders 
kept saying, "It wasn't her gear, 
it wasn't her gear," after Davis' 
fatal jump. 

Said Gambalie Jr.: "The park 
rangers will argue that it's an 
unsafe sport, but the BASE 
jumpers will tell you that it 
would be a safe sport if they 
used good equipment. . . . This 
sport can be safe." 

The lone jumper left on top, 
Badenhop, hiked down. The rest 
of the crowd lingered. Some 
stayed until dusk, when a park 
service helicopter brought Davis' 
body back to the meadow. 

'It's a horrible thing that this 
happened, and our hearts go out 
to them," said Gediman, the park 
service spokesman. "But I think 
this event really shows the inher- 
ent danger and verifies our poli- 
cy and shows why we think this 
is an inappropriate activity for 
Yosemite National Park." 

Weber was among those who 
staved. 




nc ass:: wed =ress- 
•izes what has happened. 



« ever closer to the 
Almost as soon as the 
helow realized something 
mg. it was over. The fall 
«s than 20 seconds, and 
Kcnmg pop echoed over 
n y hushed meadow 
.unsho;. 

.rda Mescola embraced 
« toward the back of the 

'•'•^cola's son. Frank 



CONTINUED FROM A-1 



only as property crimes. 

During the final search of 
Guyton's personal property be- 
fore he stepped outside the pris- 
on gates, the guard found notes 
with the names, addresses, So- 
cial Security numbers, birth 
dates or driver's license numbers 
of staff members. 

Guyton told SCC investigators 
that he planned to use the infor- 
mation to run credit card scams 
if he fell on hard times, accord- 
ing to an SCC incident report. 

He collected the information 
while sorting office mail, alleg- 
edly rifling through loosely se- 
cured manila envelopes used to 
move personnel documents from 
one CDC office to another, pris- 
on officials believe. 

Guyton now is at another pris- 
on while the Toulumne County 
district attorney's office reviews 
his case for possible felony pros- 
ecution, said Prosper. 

The discovery immediately 
caused a stir among SCC staff 
and led to the creation of a task 
force charged with scrutinizing 
the security of sensitive person- 
nel documents at the prison. 

The investigators soon found 
serious security problems at the 
prison fire house and the Inmate 
Day Labor center, where be- 
tween 40 and 60 low-security in- 
mates gather each day to help 
build the prison's new waste- 
water treatment plant — a $8.5 
million dollar project. 



Contraband discovered 

Between Sept. 16 and Sept. 20, 
the audit team found that prison- 
ers had access to Greyhound bus 
schedules, a detailed map of the 
local area and clear sheets of 
plastic lamination that could be 
used to create fake identification 
and gate passes, according to the 
audit inspection reports. All 
those materials are forbidden to 
prisoners because of their use- 
fulness in aiding escapes. 

On Sept. 22, two inmate clerks 
who worked at Inmate Day La- 
bor told investigators that gun- 
powder was being held in a 
locked drawer at the day labor 
office and that inmates had ac- 
cess to it. On that same day, a 
guard at IDL told a member of 
the audit team that he'd recently 
seen what he thought to be a live 
blasting cap about three months 
earlier. 

Both of the conversations were 
relayed to Prosper and other 
prison administrators that day, 
according to a CDC official. 

And on Sept. 23, a memo pre- 
pared by the IDL guard de- 
scribes how over the previous 
few months, inmates had told 
him about seeing blasting caps 



lying around at the IDL site. 

But it wasn't until the next day 
— two days after the initial re-- 
ports — that a team was sent to 
the site to investigate. "There 
was no good reason to wait — 
except to allow IDL workers to 
clean up their act," said a CDC 
official said. 

It was this CDC whistleblower 
who originally brought SCC's se- 
curity problems to the attention 
of The Associated Press. He said 
he was revealing the information 
because he fears the staff at Si- 
erra and their families who live 
nearby remain at risk. Fearing 
reprisals in his workplace, he 
asked not to be identified. 

But the delay was not part of 
an attempted cover-up, Prosper 
said. As soon as inmates were 
suspected of getting access to 
the sensitive staff information, 
the construction offices at IDL 
were declared off-limits to pris- 
oners. It took the administration 
until Sept. 24 to organize a team 
to search the IDL, she added. 

As to why it took almost a 
month to search the entire pris- 
on for the contraband, Prosper 
said the information she was get- 
ting wasn't reliable enough to 
warrant a full lockdown. 



Delay allows tor smuggle 

But the delay may have given 
inmates time to smuggle the ma- 
terials out of Sierra and into oth- 
er California prisons, said the of- 
ficial, who accuses the prison's 
administration of failing to act 
quickly and decisively when it 
learned of the security problems. 

The prison administration, 
however, says it has vigorously 
attacked the security problems 
and meticulously documented 
every stage of its investigation 
since Sept. 5 when they first be- 
gan to come to light. 

In fact, the investigation into 
the prison's security problems 
ultimately led to a two-day pris- 
on lockdown and an intense 
search Tuesday and Wednesday 
that failed to turn up any blast- 
ing caps, welding compound or 
stolen information about prison 
employees, Underwood said. 

Guards did find drugs, hand- 
made weapons and "weapon 
stalk," which are metal items 
that can be made into knives, 
but nothing from the IDL con- 
struction site, he said. 

But critics say explosives 
could have been smuggled from 
Sierra to other California prisons 
in the weeks before the search. 

"This stuff can be smuggled 
from Sierra to Folsom in a day," 
the CDC official said. "There 
could be explosive materials in a 
dozen prisons by now." 



GTvrnTnT'. r\^^\r;^rr x™ i;Vo1tt 



PART A - COVER SHEET 

CDC 837 -A (11/91) 



PAGE 1 



OF 10 



INSTITUTION / FACILITY 
SCC 



SPECIFIC CRIME / INCIDENT 
IDL WORKSITE SEARCH 



INCIDENT SITE / LOCATION 
IDL 



D.A REFERRAL 
[ ] YES f 1 N( 



INCIDENT LOG NUMBER 
SCC-COP-99-09-0150 



DATE INCIDENT 
09-24-99 



TIMEINCIDj 
0800 




SECTION / CODE / RULE NUMBER 



LU 


SERT ACTIVATED? 
(ENTER YORN 


m 


NEGOTIATION TEAM ACTIVATED? 1 xi 1 MUTUAL AID REQUESTED? 
(ENTERYORN) | | (ENTERY0RN) 


1 N 1 MEDIA NOTIFIED? 
1 1 (ENTERYORN) 


DEATHS 


CAUSE OF DEATH 


ASSAULT /BATTERY 


TYPE OF ASSAULT / BATTERY 




STAFF 

VISITOR 
INMATE 




HOMICIDE 
SUICIDE 
ACCIDENTAL 
NATURAL 




ON STAFF 
ON VISITOR 
ON INMATE 
OTHER: 




BEATING 

SHOOTING 

STABBING 

SPEARING 

POISONING 




STRANGLING 








SLASHING 










SEXUAL 












OTHER: 


N/A 




N/A 




N/A 




N/A 


SERIOUS INJURY 


INMATE ! b f : : 


SHOTS 


TYPE WEAPON (STAFF) 




STAFF 

VISITOR 

INMATE 




FIREARM 

KNIFE 

SPEAR 

EXPLOSIVE 

PROJECTILE 




STABBING INSTRUMENT 
HANDS /FEET 
CLUB / BLUDGEON 
CAUSTIC SUBSTANCE 
OTHER: 




YES ]NO 
1BER 




38CAL 








Nltt 


MINIM 








FIRED 


H&K94 








ESCAPES 




SHOTGUN 


1 1 ACCIDENTAL 








WITH FORCE 
WITHOUT FORCE 
ATTEMPTED 




37 MM 


1 1 ATTEMPTED 




SLASHING INSTRUMENT 




TASER 


SUICIDE 

i Mother n/a 




COMMERCIAL 




N/A 




PR 24 




t 


INMATE MANUFACTURED 






OTHER: N/A 


SUSPECTED CONTROLLED 
SUBSTANCE 


LOCKDOWNS YES 


EXCEPTIONAL ACTIVITY 





HEROIN / OPIATES 


YES Q ]NO 




MAJOR DISTURBANCE 




EMPLOYEE JOB ACTION 




COCAINE 






INMATE STRIKE 




MAJOR POWER OUTAGE 




MARIJUANA 


IF YES, LIST AFFECTED 




PUBLIC DEMONSTRATION 




EXPLOSION 




AMPHETAMINE 


PROGRAMS BELOW; 




INMATE DEMONSTRATION 




FIRE 




BARBITURATE 


EDUCATION, VOCATION, 




NATURAL DISASTER 




HOSTAGE 




LSD 


AND RECREATION 




ENVIRONMENTAL HAZARD 




GANG INVOLVED 




PCP 






SPECIAL INTEREST INMATE 




METHAMPHETAMDNE 






WEATHER 




OTHER: 


N/A J OTHER: N/A 



DESCRIPTION OF CRIME / INCIDENT: 
Through an on-going investigation, information was received that there was a possibility of explosive material that was being kept on 
institutional grounds in the Inmate Day Labor area. Additional information obtained was that some of the inmates assigned to the IDL 
crew were involved in using drugs. M. C. Kramer, Warden, was briefed about the information received, and on Friday, September 24, 
1999, he ordered the institution to be locked down and searched. The focus of the search was IDL areas, the assigned housing and 
lockers of inmates assigned to IDL. Unclothed body searches were performed, and urine samples were obtained from all IDL inmates. 
At approximately 0800 hours, several teams were assembled and searches of the identified areas and inmate began. During the search 
of the IDL area, several Cad weld tubes were found in an unsecured office trailer. These "Cad welds" contained various metals and 
are used to weld large diameter cooper wire together, through extreme heat, generated by burning these metals. These Cad welds 
require secure, limited access, and dry storage. The institution's Hazardous Materials Specialist, Gary Stephens, Fire Chief, was 
summoned to the area to evaluate these welding materials as to the degree of hazard. Chief Stephens took possession of the "Cad 
welds", inventoried them and stored them in a locked concrete building. The Cad welds will be issued to IDL staff as needed pending 
IDL obtaining an appropriate storage container and inventory system. 



* CHECK HERE IF DESCRIPTION IS CONTINUED ON PART C 



NAME / TITLE / SIGNATURE OF REPORTING STAFF 
R. BIRD. CORRECTIONAL LIEUTENANT 



&(fl~-J) 



BADGE l\DM 
2407 



SERVICE (INSTITUTION USE) 
YEARS 27 MONTHS 10 



DATE 
9/27/99 



AUTHORIZED SIGNATURE / TITLE (INSTITUTION USE) 

W. F. HEISE, ASSOCIATE WARDEN. CENTRAL DIVISION iS^^V 




A<J 



DATE 
9/27/99 



CRIME / INCIDENT REPORT 
PART C - SUPPLEMENT 

CDC 837 -C (11/91) 



10 



PAGE 



OF 



INCIDENT LOG NUMBER 
SCC-COP-99-09-0150 



INSTITUTION / FACILITY 

_S££_ 



INCIDENT SITE / LOCATION 
TOL WORK SITE SEARCH 



DATE INCIDENT 
09/24/99 



TIME INCIDENT 
0800 



TYPE OF INFORMATION 

"x~"| CONTINUING DESCRIPTION OF INCIDENT (PART A) | | SUPPLEMENTAL INFORMATION | | CLOSURE REPORT 



NARRATIVE 



In another office trailer, a search of EDL staffs' desks and surrounding areas was conducted. During this search, several tools and 
scissors were found in the drawers. These items were not on an inventory or color-coded as required. Other items found wi thin the 
trailer unsecured were; several cans of flammable sprays, (paint solvents and silicone), vehicle keys, pad locks and keys, computer 
disks and a whistle. 

On the window sill near the disk of DDL Supervisor, Keith Ramos, was a blank Folger Adams key. All items found were 
photographed. ISU staff took possession of the blank key. The other items were left with EDL staff. EDL staff was instructed to 
comply with tool inventory procedures, and to secure all flammable sprays. 

While searching other buildings on the EDL work site, an inmate-manufactured weight room was discovered. Pouring cement in 
molds fashioned from PVC pipe made the weights. The weight bar and weight bench was constructed from metal iron and steel. 1 
weights and bench were manufactured from state supplies, purchased for construction of the sewer plant. All the contraband weigl 
and equipment was removed from the building by the search teams and secured in a fenced storage yard. Other items of concern 
found in the EDL area were unsecured personal clothing, small amounts of gasoline and diesel fuel (unsecured), plot plans, a pad Ic 
and key, which was found in an inmate jacket pocket All items were secured or removed from the area. 

This concluded the search of the EDL work site. EDL returned to full operation on Monday, September 27, 1999, with the stipulate 
to correct all tool and hazardous materials control issues, and to ensure inmates are not allowed in the office trailers until additiona 
security controls are in place. 

The 4 1 inmates assigned to the EDL crew were ordered to submit urine samples for testing, they all complied. All urine samples w» 
field-tested using the "On Track Roche Cup Persumptive Urinalysis Test The urine samples obtained by Officer K. Day from Inn e 
FOSTER, J-40761, tested positive for methamphetamine. The urine sample obtained by Officer K. Day from Inmate WOOLEN, I 
22985, tested positive for marijuana. Both inmates were removed from their assignment pending the results of the toxicology repo 
from the laboratory. 

During the search of the lockers and housing areas of the inmates assigned to EDL, no significant contraband was found. The 
institution returned to ,l normal program" at approximately 1600 hours. 

There were not staff or inmate injuries as a result of this incident Five staff worked a combined total of nine hours of overtime. 



You will be appraised of further developments regarding this case as they occur. 




NAME / TITLE / SIGNATURE OF REPORTING STAFF 

R. BERD. CORRECTIONAL LIEUTENANT 
AUTHORIZED SIGNATURE / TITLE (INSTITUTION USE) 

W. F. HEISE. ASSOCIATE WARDEN. CENTRAL DIVISION 



QfZ^P 



BADGE 1LD.U 
2407 



SERVICE (INSTITUTION USE) 
YEARS 27 MONTHS 10 



ur->/^4^ 



CRIME / INCIDENT REPORT 
PART B - INVOLVED PARTIES 

CDC 837-B(l 1/91) 



PAGE 



OF 10 



INSTITUTION / FACILITY 
SJERRACONSERVATiON CENTER 

NAME (LAST, FIRST, MI) 
FOSTER. OSCAR 



DATE INCIDENT 
9/24/99 



TIME INCIDENT 
0800 



INCIDENT LOG NUMBER. 
SCC-COP-99-09-0150 



SEX 

M 



ETHNICITY 
BLACK 



CLASS SCORE 




CHECK ONE 

□ VICTIM 
X SUSPECT 
D WITNESS 



CDC NUMBER 
J-40761 



DATE REC'D BY CDC 



12/13/94 



cn# 
AQI936S00 



DATE RECD BY INST. 
08/27/98 



FBI* 
710375WA8 



SSN# 
553-43-9492 



ANTICIPATED RELEASE DATE 



05/07/01 



DATE OF BIRTH 



02/11/67 



PV-RTC? 

X YES NO 



HOUSING ASSIGNMENT 



0605 



COMMITMENT OFFENSES (OPTIONAL) 

CORPORAL INJURY TO SPOUSE (NON-CONTROLLING ROB. W/WEAPON) 



COUNTY OF COMMITMENT 
SACRAMENTO 



DESCRIPTION OF INJURIES 

NONE 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 

NONE NOTED 



CHECK ALL THAT APPLY 

D HOSPfTALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST, FIRST, MI) 
WOOLEN. JOAQUIN 



SEX 
M 



ETHNICITY 
HISPANIC 



CLASS SCORE 
19 



CHECK ONE 
□ VICTIM 

X SUSPECT 
D WITNESS 



CDC NUMBER 
P-22985 



DATE REC'D BY CDC 
12/22/98 



CIS 
AP7404569 



DAJE REC'D BY INST. 

02*16/99 



FBI* 
672030MA6 



SSN# 
565-55-1414 



ANTICIPATED RELEASE DATE 

06/27/00 



DATE OF BIRTH 



02/20/65 



PV-RTC? 
YES 



XNO 



HOUSING ASSIGNMENT 



3806 



COMMITMENT OFFENSES (OPTIONAL) 

POSSESSION OF CONTROLLED SUBSTANCE FOR SALE 



COUNTY OF COMMITMENT 
LOS ANGELES 



DESCRIPTION OF INJURIES 
NONE 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 
NONE NOTED 



CHECK ALL THAT APPLY ^ 

G HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST, FIRST. MI) 


lilLfc 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


MILLS, R.E. 


CORR. SERGEANT 


M 


WHITE 


S/S/H 


CHECK ONE 


CHECK ONE 


BADGE/ ID# 


POST ASSIGNMENT 


ID NUMBER 


□ VICTIM 


□ STAFF 

□ VISITOR 


12177 


ISU 


P37802 


□ SUSPECT 


DiSCRIPTION OF INJURIES 




^WITNESS 


□ OTHER: 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


□ HOSPITALIZED □ TREATED AND RELEASED D REFUSED TREATMENT □ DECEASED 




NAME (LAST, FIRST, MI) 


TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


KIRKLAND, R.L. 


CORR. SERGEANT 


M 


WHITE 


S/S/H 


CHECK ONE 


CHECK ONE 


BADGE/ TD* 


POST ASSIGNMENT 


ID NUMBER 


□ VICTIM 


□ STAFF 

□ VISITOR 


31127 


ISU 


P44864 


□ SUSPECT 


DESCRIPTION OF INJURIES 




^WITNESS 


□ OTHER: 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


D HOSPITALIZED □ TREATED AND RELEASED D REFUSED TREATMENT □ DECEASED 




NAME (LAST, FIRST, MI) 


"TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


LAY. S.C. 


CORR. OFFICER 


M 


WHITE 


S/S/H 


CHECK ONE 


CHECK ONE 


MDGE/ID0 


POST ASSIGNMENT 


ID NUMBER 


D VICTIM 


□ STAFF 
D VISITOR 


31129 


ISU 


P37870 


□ SUSPECT 


INSCRIPTION OF INJURIES 




X WITNESS 


□ OTHER: 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


□ HOSPfTALIZED □ TREATED AND RELEASED D REFUSED TREATMENT □ DECEASED 


ma ^^^ m ,.....<-<-.<< 



CRIME / INCIDENT REPORT 
PART B - INVOLVED PARTIES 

CDC837-B(11 .01) 



PAGE 



OF 10 






INSTITUTION / FACILITY 
MERR^ONSERVAT 

NAME (LAST. FIRST. MI) 



DATE INCIDENT 
9/24/99 



TIME INCIDENT 
0800 



INCIDENT LOG NUMBER 
SCC-COP-99-09-0150 



CHECK ONE 

□ VICTIM 

□ SUSPECT 
D WITNESS 



CDC NUMBER 



DATERECDBYCDC 



en* 



DATE RECD BY INST. 



FBI* 



ANTICIPATED RELEASE DATE 



SEX ETHNICITY 



SSN* 



CLASS SCORE 



DATE OF BIRTH 



PV-RTC? 
YES 



NO 



HOUSING ASSIGNMENT 



COMf>GTMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 

D HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST. FIRST. MS) 



SEX ETHNICITY 



CLASS SCORE 



CHECK ONE 

□ VICTIM 

□ SUSPECT 

D WITNESS 



CDC NUMBER 



DATERECDBYCDC 



CUJ 



DATE RECD BY INST. 



FBW 



SSN* 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC? 
YES NO 



HOUSING ASSIGNMENT 



COM*frTMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 

D HOSPfTALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST. FIRST. Ml) 
CURTIS. J. S. 



TITLE 

CORR. OFFICER 



SEX 
F 



ETHNICITY 
WHITE 



REGULAR DAYS OFF 
S/S/H 



CHECK ONE 

□ VICTIM 

□ SUSPECT 

^ WITNESS 



CHECK ONE 

D STAFF 
□ VISITOR 

POTHER: 



BADGE /ID* 

42911 



POST ASSIGNMENT 
ISU 



ID NUMBER 
P04457 



DESCRIPTION OF INJURIES 



CHECK ALL THAT APPLY 

D HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST. FIRST. MI) 
FROHREICH. J.S. 



TITLE 

CORR OFFICER 



SEX 
M 



ETHNICITY 
WHITE 



REGULAR DAYS OFF 
S/S/H 



CHECK ONE 

D VICTIM 
□ SUSPECT 
^WITNESS 



CHECK ONE 

D STAFF 
D VISITOR 

O OTHER: 



BADGE /ED* 
44462 



POST ASSIGNMENT 
ISU 



ID NUMBER 
P52919 



DESCRIPTION OF INJURIES 



4 



CHECK ALL THAT APPLY 

D HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT O DECEASED 
NAME (LAST. FIRST. MI) " * 

PETREY. K.C. 



CHECK ONE 

D VICTIM 
D SUSPECT 

' WITNESS 



CHECK ONE 

a STAFF 
D VISITOR 

QUI HER: 



BADGE IE* 
13518 



TITLE 



CORR. SERGEANT 



DESCRIPTION OF INJURIES 



POST ASSIGNMENT 
SERT 



LOCATION OF HOSPITAL / TREATMENT 



SEX 
M 



ETHNICITY 
WHITE 



REGULAR DAYS OF! 
W/T " 



ID NUMBER 
P37997 



- 



CHECK ALL THAT APPLY 

□ HOSPfTALIZED □ TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



•STATE OF CALIFORNIA 

CRIME / INCIDENT REPORT 
PART B - INVOLVED PARTIES 

!CDC837-B( 11/91) 



PAGE 



OF 10 



iNSTrrunoN / facility 

"lSfERRA CONSERVATION CENTER 



DATE INCIDENT 
9/24/99 



TIME INCIDENT 
0800 




INCIDENT LOG NUMBER 
SCC-COP-99-09-0150 



— NAME (LAST. FIRST. MI) 



' CHECK ONE 
j □ VICTIM 
i D SUSPECT 
1 D WITNESS 



CDC NUMBER 



DATE REC'D BY CDC 



CIW 



DATE REC'D BY INST. 



FBI* 



ETHNICITY 



CLASS SCORE 



SSN* 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC7 
YES 



NO 



HOUSING ASSIGNMENT 



gf COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



■ DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



M CHECK ALL THAT APPLY 



LOCATION OF HOSPITAL / TREATMENT 



D HOSPrTALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



I NAME (LAST, FIRST. MI) 



SEX 



ETHNICITY 



CLASS SCORE 



CHECK ONE 
□ VICTIM 

D SUSPECT 
D WITNESS 



CDC NUMBER 



DATERECDBYCDC 



can 



DATE RECD BY INST. 



FBI# 



SSN* 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC? 
YES NO 



HOUSING ASSIGNMENT 



-. COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



- • DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 

G HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST. FIRST. MI) 


TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


CALHOUN, K.D. 


CORR. SERGEANT 


M 


WHITE 


T/F 


CHECK ONE 


CHECK ONE 


BADGE /ID* 


POST ASSIGNMENT 


ID NUMBER 


□ VICTIM 


D STAFF 
□ VISITOR 


30856 


SERT 


P37857 


□ SUSPECT 


DESCRIPTION OF INJURIES 




/ WITNESS 


□ OTHER; 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


□ HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 




NAME (LAST. FTRST. MI) 


TTTLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


PEREZ. D.R. 


CORR. SERGEANT 


M 


WHITE 


S/S 


CHECK ONE 


CHECK ONE 


BADGE /ID* 


POST ASSIGNMENT 


ID NUMBER 


D VICTIM 


D STAFF 
□ VISITOR 


34078 


SERT 


P04476 


D SUSPECT 


DESCRIPTION OF INJURIES 




' WITNESS 


□ OTHER; 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


□ HOSPITAl T7FT> I~l TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED ■ 




NAME (LAST, FIRST, MI) 


TTTLE 


SEX 


ETHNICrTY 


REGULAR DAYS OFF 


CANUTT. F.D. 


CORR. LT. 


M 


WHITE 


S/S/H 


CHECK ONE 


CHECK ONE 


BADGE /ID* 


POST ASSIGNMENT 


ID NUMBER 


D VICTIM 


□ STAFF 
D VISITOR 


31698 


SERT 


P21190 


□ SUSPECT 


DESCRIPTION OF INJURIES 




^WITNESS 


□ OTHER; 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


D HOSPITAIJZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 





STATE OP CALIFORNIA 

CRIME / INCIDENT REPORT 
PART B - INVOLVED PARTIES 

CDC 837-B(l 1/91) 



PAGE 



OF 10 



INSTITUTION FACILITY 
SIERRA CONSERVAT 



DATE INCIDENT 
9/24/99 



TIME INCIDENT 
0800 



INCIDENT LOG NUMBER 
SCC-COP-99-09-01S0 



NAME (LAST. FIRST. MI) 



SEX 



ETHNICITY 



CLASS SCORE 



CHECK ONE 
D VICTIM 
D SUSPECT 
D WITNESS 



CDC NUMBER 



DATE R£CDBYCDC 



CUM 



DATE REC'D BY INST. 



FBW 



SSN# 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC7 
YES 



NO 



HOUSING ASSIGNMENT 



COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRDTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 



LOCATION OF HOSPITAL / TREATMENT 



D HOSfrTAlggD D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



NAME (LAST. FIRST. Ml) 



SEX 



ETHNICITY 



CLASS SCORE 



CHECK ONE 

□ VICTIM 

□ SUSPECT 

D WITNESS 



CDC NUMBER 



DATE REC'D BY CDC 



cm 



DATE REC'D BY INST. 



FBW 



SSN* 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC7 
YES NO 



HOUSING ASSIGNMENT 



COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 




CHECK ALL THAT APPLY 
3 HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



NAME (LAST. FIRST. MT) 
PATE. M.R.. JR 



TITLE 

CORR. OFFICER 



SEX 
M 



ETHNICITY 
WHITE 



REGULAR DAYS OFI 
M/T I 



CHECK ONE 

D VICTIM 
a SUSPECT 
''WITNESS 



CHECK ONE 

D STAFF 
D VISITOR 

O OTHER; 



BADGE /©# 
37527 



POST ASSIGNMENT 
SERT 



ID NUMBER 
P37808 



DESCRIPTION OF INJURIES 



is 

IE 

DV| 

OS 



CHECK ALL THAT APPLY 

D HOSPTTALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST. FIRST. MT) 
WHITE. D.W. 



TITLE 

CORR. OFFICER 



SEX 
M 



ETHNICITY 
WHITE 



REGULAR DAYS OF 
UNKNOWN 



CHECK ONE 
D VICTIM 

a SUSPECT 
'WITNESS 



CHECK ONE 

D STAFF 
D VISITOR 

O OTHER; 



BADGE /ID# 

42003 



POST ASSIGNMENT 
SERT 



ID NUMBER 
P04272 



DESCRIPTION OF INJURIES 



CHECK ALL THAT APPLY 

□ HOSmAUZED D TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



STATE OF CALIFORNIA 

CRIME / INCIDENT REPORT 
PART B - INVOLVED PARTIES 

CDC 837-B(l 1/91) 



UtTAAiwicoi urv.urjuxHuno 



PAGE 



OF 10 



INSTITUTION / FACILITY 
STERR^ONSERVATJQN CENTER 

NAME (LAST. FIRST, MI) 



DATE INCIDENT 
9/24/99 



TIME INCIDENT | INCIDENT LOG NUMBER 

I SCC-COP-99-09-01S0 



SEX ETHNICITY 



CLASS SCORE 



CHECK ONE 
D VICTIM 
D SUSPECT 
D WITNESS 



CDC NUMBER 



DATE R£CD BY CDC 



CIW 



DATE REC'D BY INST. 



FBI* 



SSN# 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC7 
YES 



NO 



HOUSING ASSIGNMENT 



COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 

D HOSPfTALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST. FIRST, MI) 



SEX ETHNICITY 



CLASS SCORE 



CHECK ONE 
D VICTIM 

□ SUSPECT 
D WITNESS 



CDC NUMBER 



DATE REC'D BY CDC 



CUJ» 



DATE REC'D BY INST. 



FBI* 



SSN# 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC7 
YES NO 



HOUSING ASSIGNMENT 



COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 

D HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 




NAME (LAST, FIRST, MI) 


TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


SILVEIRA, F.M. 


CORR OFFICER 


M 


WHITE 


F/S 


CHECK ONE 


CHECK ONE 


BADGE /ID# 


POST ASSIGNMENT 


ID NUMBER 


□ VICTIM 

□ SUSPECT 


D STAFF 
D VISITOR 


36117 


SERT 


P37884 


DESCRIPTION OF INJURIES 




'WITNESS 


D OTHER: 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


□ HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 




NAME (LAST. FIRST, MI) 


TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


SHARKEY, R.S. 


CORR OFFICER 


M 


WHITE 


T/W 


CHECK ONE 


CHECK ONE 


BADGE /ID* 


POST ASSIGNMENT 


ID NUMBER 


□ VICTIM 

□ SUSPECT 


D STAFF 
D VISITOR 


52334 


SERT 


P04446 


DESCRIPTION OF INJURIES 




'WITNESS 


□ OTHER: 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


□ HOSPrTALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 




NAME (LAST, FIRST. MI) 


TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


RICKEY, RA. 


CORR OFFICER 


M 


WHITE 


F/S 


CHECK ONE 


CHECK ONE 


BADGE/ UNf 


POST ASSIGNMENT 


ID NUMBER 


□ VICTIM 
D SUSPECT 


D STAFF 
□ VISITOR 


36923 


SERT 


P37916 


DESCRIPTION OF INJURIES 




'WITNESS 


DOTHER; 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


D HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 





JtAlb it U\Ui \J KTt LA 



CRIME / INCIDENT REPORT 
PART B - INVOLVED PARTIES 

CDC837-B(ll/9l) 



PAGE 8 



OF 10 



INSTITUTION / FACILITY 
.SIERRA CONSERV A T 

NAME lLAST. FIRST. MT) 



DATE INCIDENT 
9^4/99 



TIME INCIDENT 
0800 



INCIDENT LOO NUMBER 

SCC-COP-99-09-0150 



SEX 



ETHNICITY 



CLASS SCORE 



CHECK ONE 
□ VICTIM 
D SUSPECT 
D WITNESS 



CDC NUMBER 



DATE RECDBYCDC 



ca» 



DATE RECD BY INST. 



FBI* 



SSN# 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC7 
YES 



NO 



HOUSING ASSIGNMENT 



COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 

D HOSf fTAL lZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST. FIRST. Ml) 



SEX 



ETHNICITY 



CLASS SCORE 



CHECK ONE 

□ VICTIM 

□ SUSPECT 

D WITNESS 



CDC NUMBER 



DATE RECD BY CDC 



cm 



DATE RECD BY INST. 



FBW 



SSN* 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC7 
YES NO 



HOUSING ASSIGNMENT 



COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 

D HOSPrTALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 




NAME (LAST. FIRST, MI) 

MCCLURE. D.S„ 



TITLE 

CORR, SERGEANT 



SEX 

M 



ETHNICITY 
WHITE 



REGULAR DAYS OFF 

F/S 



CHECK ONE 

□ VICTIM 

□ SUSPECT 

^ WITNESS 



CHECK ONE 

□ STAFF 

□ VISITOR 

O OTHER: 



BADGE /ID* 
45756 



POST ASSIGNMENT 
SERT 



ID NUMBER 
P52832 



DESCRIPTION OF INJURIES 



CHECK ALL THAT APPLY 

D HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST, FTRST. MI) 
WATSON. T.L- 



TITLE 

CORK. OFFICER 



SEX 
M 



ETHNICITY 
WHITE 



REGULAR DAYS OFF 
W/T i 



CHECK ONE 
D VICTIM 

D SUSPECT 
^ WITNESS 



CHECK ONE 

□ STAFF 

□ VISITOR 

O 01 HER; 



BADGE/ ID# 
51753 



POST ASSIGNMENT 
SERT 



ID NUMBER 
P04384 



DESCRIPTION OF INJURIES 



CHECK ALL THAT APPLY 

D HOSPrTALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST, FTRST, MI) 




TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


HSH. D.N. 




CORR. OFFICER 


M 


WHITE 


M7T 


CHECK ONE 


CHECK ONE 


BADGE /DM 


POST ASSIGNMENT 


ID NUMBER 




□ VICTIM 


D STAFF 
□ VISITOR 


48852 


SERT 


P04332 




□ SUSPECT 


DESCRIPTION OF INJURIES 






^WITNESS 


QOTHER: 









CHECK ALL THAT APPLY 

D HOSPrTALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



CRIME / INCIDENT REPORT 
PART B - INVOLVED PARTIES 

CDC 837-B(l 1/91) 



PAGE 



OF 10 



INSTITUTION / FACILITY 
SIERj^XONSERVAr 

NAME (LAST, FIRST, MI) 



DATE INCIDENT 
09/24/99 



TIME INCIDENT 
0800 



INCIDENT LOG NUMBER 
SCC-COP-99-09-0150 



SEX 



ETHNICITY 



CLASS SCORE 



CHECK ONE 
D VICTIM 

□ SUSPECT 
D WITNESS 



CDC NUMBER 



DATERECDBYCDC 



en* 



DATE RECD BY INST 



FBI* 



SSN* 



ANTIC IPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC7 
YES 



NO 



HOUSING ASSIGNMENT 



COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 



LOCATION OF HOSPITAL / TREATMENT 



D HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



NAME (LAST, FIRST, MI) 



SEX ETHNICITY 



CLASS SCORE 



CHECK ONE 

□ VICTIM 

□ SUSPECT 

D WITNESS 



CDC NUMBER 



DATE RECD BY CDC 



en* 



DATE RECD BY INST. 



FBI* 



SSN# 



ANTICIPATED RELEASE DATE 



DATE OF BIRTH 



PV-RTC7 
YES NO 



HOUSING ASSIGNMENT 



COMMITMENT OFFENSES (OPTIONAL) 



COUNTY OF COMMITMENT 



DESCRIPTION OF INJURIES 



PRISON GANG / DISRUPTIVE GROUP (VALIDATED) 



CHECK ALL THAT APPLY 

"3 HOSPITALIZED D TREATED AND RELEASED D REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 




NAME (LAST, FIRST. MI) 


TTTLE 


SEX 


ETHNICrTY 


REGULAR DAYS OFF 


HICKEY. C.L. 


CORR. OFFICER 


M 


WHITE 


T/F 


CHECK ONE 


CHECK ONE 


BADGE /ID* 


POST ASSIGNMENT 


ED NUMBER 


□ VICTIM 
a SUSPECT 


D STAFF 
D VISITOR 


49713 


SERT 




DESCRIPTION OF INJURIES 




^WITNESS 


DOTHER; 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


□ HOSPITALIZED D TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 




NAME (LAST, FIRST, MI) 


TITLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


PRDROSO, J.F. 


CORR. SERGEANT 


M 


HISPANIC 


M/T 


CHECK ONE 


CHECK ONE 


BADGE /CD* 


POST ASSIGNMENT 


ED NUMBER 


□ VICTIM 

□ SUSPECT 


D STAFF 
D VISITOR 


38440 


SERT 


P52830 


DESCRIPTION OF INJURIES 




^WITNESS 


OOTHER 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


□ HOSPITALIZED □ TREATED AND RELEASED □ RETUSED TREATMENT □ DECEASED 




NAME (LAST, FIRST. MI) 


TTTLE 


SEX 


ETHNICITY 


REGULAR DAYS OFF 


POPKE, E J. 


CORR. OFFICER 


M 


WHITE 


S/S/H 


CHECK ONE 


CHECK ONE 


BADGE /ED* 


POST ASSIGNMENT 


ED NUMBER 


D VICTIM 
□ SUSPECT 


D STAFF 
D VISITOR 


12056 


IDL 


P 44842 


DESCRIPTION OF INJURIES 




X WITNESS 


DOTHER 






CHECK ALL THAT APPLY 


LOCATION OF HOSPITAL / TREATMENT 


□ HOSPITALIZED □ TREATED AND RELEASED □ REFUSED TREATMENT □ DECEASED 





; 



CRIME / INCIDENT REPORT 
PART B - INVOLVED PARTIES 

CDC 837-B( 11/91) 




CHECK ALL THAT APPLY 
3 HOSPrTALIZED D TREATED AND unFASFT) Q REFUSED TREATMENT D DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST. FIRST, MT) 
DENNIS. A.M. 



TITLE 

CORR. OFFICER 



SEX 
M 



ETHNICITY 
WHITE 



REGULAR DAYS OFF 



CHECK ONE 

□ VICTIM 
D SUSPECT 
^WITNESS 



CHECK ONE 

□ STAFF 

□ VISITOR 

POTHER: 



BADGE /ID# 

45551 



POST ASSIGNMENT 
SERT 



ID NUMBER 
P52879 



DESCRIPTION OF INJURIES 



CHECK ALL THAT APPLY 



D HOSPITALIZED D TREATED AND RHEASED D REFUSED TREATMENT O DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



NAME (LAST, FIRST. MI) 



TITLE 



SEX 



ETHNICITY 



REGULAR DAYS OFF 



CHECK ONE 

□ VICTIM 
D SUSPECT 

Q WITNESS 



CHECK ONE 

D STAFF 
□ VISITOR 

POTHER: 



BADGE /ID* 



POST ASSIGNMENT 



ID NUMBER 



DESCRIPTION OF INJURIES 



CHECK ALL THAT APPLY 

□ HOSPITALIZED □ TREATED AND KH£ASED □ REFUSED TREATMENT □ DECEASED 



LOCATION OF HOSPITAL / TREATMENT 



. 



Supplement to the Crime/Incident Report (CDC Form 837) 



Pag^: 1 of 2 



«rrnrwifBffyFffn>mtTyr w iHir 



2g«9K»«j5*«ai2£L!252e£^2*2£*». 



••mriff» 



*<»ii<s«qjy/S5Ta*w k .x! i ~:<y>*a'*^ ■: ^"jjyr 



MnrH^nt rr>f ^'-rute^^a^aa^j^KHBWPatMfc 



CURTIS, JELL S. 



49211/P04457 



SCC-COP-99-09-0150 



canrgirffiEsftviciaBaas^)^^^ 



^Report D»<t^^-i*^a&^^^ 



5YRS5MO 



I.S.U. 



0800 HOURS 



09/24/99 



mpo:«jai^ai8SfliR?iaa3e 



3DutrH6ur« sagE^s^^Hasassw 



llnddent LocattontXVfl^tft.^ ; ;,-■:" ^'T^g^fr'&^w^^g^ 



S/S/H 



0730-1600 



Inmate Day Labor work area 



^bcriptfoaHrDcldgn^CHme^^^yr-r;- 1 ,"::- -'r-^ru^.f.t ' ^-^j > - .^^V^^,^ ; ^-^ ■■LVv- -V : >- CCR Section/Rule- *^Ty,JGi5iCaSait-.- 



IDL / ECOLOGY AREA CEARCH 



aroiiERoiesaBaBitaaggE&a^ 



1X1 Primary 

I I Responder 
L__ Witness 
D Victim 
E<] Camera 



Witnesses' (preface S-StifT V-Vlsltor; O-Other) : fc-r? ■*; "; "--. 



Inmates Involved (preface S^usp<ct,VA r lctlhi, W-Withess)'?** 



^Fbrcc^ctrby'You^^grffifc 



U Lethal 
L] Less Lethal 
lZ) Physical 
13 None 



Less Lethal ?'?r.-sSagf* 



Q 37mm 

D Baton N/A 

G oc 

D Other: 



Lethal Weapons ! >gr^;:yft-v. > Number of Rounds Fired .'5> 



□ Mini- 14 
j Shotgun 
] Handgun 
D Other 



N/A 



□ 
□ 
□ 



Force Observed byYou-fotW. 



N/A 



D Lethal 
] Less Lethal 
] Physical 

[X] None 



Evidence Collected "i* 



Evidence Description '-;' ;*:! ^df^r 



' n JC:y : 4.- ,? °'"*. 



Disposition - 



■SM^aS 



... ;«=*•« 



Weapon -r^cjr; 



'BIO Hazard' 



Yes 



■tin no 



One (1) VHS video tape, twelve (12) 
Polaroid photos 



Evidence vault 



D Yes 



No 



D Yes 
gl No 



Reporting MalT Injured sjjtT^^' i-;£-. J j"i' 'iVit; : ;-•••- ■■*-. 



Description of Injury ; 



Location 
-Treated ! 



1SCIF 3301/3067 Cbmpletedj^fpijjfi 



- 



U Yes 
El No 



N/A 



N/A 



Yes 

E3 No 



Off 



Narrative: 

On Friday, September 24, 1999, at approximately 0800 hours, I was instructed to report to the Inmate Day Labor 
(IDL) work site and search the area. I was instructed to assist in video taping an inmate-manufactured weight room 
and a free staff office. I then reported to the upper level courtyard where several Konex Boxes were located and 
videotaped the contents of each box, utilizing the institutional Sony Steady Shot hand held video camera. I then 
videotaped three (3) Konex Boxes and the contents, located near the IDL supervisor's trailer. I then reported 
behind the Ecology area and exposed (2) two Polaroid photos of free weights found in a Konex Box, utilizing the 
institutional Polaroid Spectra AF Instant Camera. I then returned to the Ecology Office and exposed two (2) 
Polaroid photos of several radios, a fan, an iron and other miscellaneous items. I entered the Ecology Custody 
Office and exposed four (4) Polaroid photos of various tools, spray paint cans, and flammable liquids which were 
located in the Custody Office in a tool box an d lock er. 



lLlj^SE 



09/24/99 



larure 




:*&8®&^^£i&&%& .« Approved rr-^y^&S^^ ^Clarification Needed-.-^ 



-i--i "i-irJ-f 



Date^SlSSSJaaSi 



7 C^ 



«— — - 



~&A 



n 



?^2f-?? 



(Print in ink or employees can personally type or complete this form on a computer) 
(At no time will this form be completed by anyone other than the reporting employee) 



ct - 18-99 1 9 : Ol 



Staff of L nit forma 



Memorandum 



Dale : October 6. 1099 

To : VV. B. Canaday 

Correctional Officer 



From : Sierra Conservation Center, .Jamestown, CA 95327 
Subject: ALLEGED STAFF MISCONDUCT 



Officer Canaday, in your recent memorandum to J. Fee (copy attached), which you 
personally served me a copy of and a request to resign from a recently appointed work 
croup for ethical reasons, you allege the following: 

""I discovered in what is my opinion a cover-up of some very serious violations of 
policy and possible violations of law." You further state, "I am greatly concerned 
for the safety of staff, inmates and most importantly the general public. I joined 
the task force to correct security problems not to be a part of a possible cover-up. 
It ;s my fear that because of what I believe is gross negligence on the part of this 
administration that human lives could be at risk. Furthermore, I will take no part 
in or be responsible in the event any person or persons get injured as a result of the 
aforementioned circumstances." 

* 

Officer Canaday, as a Correctional Peace Officer, you are duty bound to report all 
violations of policy and laws. Therefore, you are directed as follows: 

Within three days of receipt of this memo, you are to submit a report detailing the 
following 



• 



What "violaiion of policy or law", by whom. when, what corrective action was 
taken by you or others, and copies of any and all reports you submitted. 

• What "'gross negligence by administration", by whom. when, what corrective action 
was taken by you or others, and copies of any and all reports you submitted. 

• What "cover-up**, by whom, when, what corrective action was taken by you or 
others, and copies of anv and all reports you submitted. 

6h 01 Uy 81 130 66, 






Oct- 13-99 19-.OL 



P .02 



ALLEGED STAFF MISCONDUCT 
Page 2 



As I have stated in the past, this administration will not tolerate violations of policy, 
laws or cover-ups. 

If you have questions, please contact Lieutenant Murphy at extension 5505 or 5506. 

K. prosper! 

Chief DeptterWarden 

cc: Lt. Murphy, ISU 
Lt. Fox. ERO 
R. Callison, CCPOA 






jn-^c *~t ■«••«-/ 






it 



6h 01 Uy 21100 66, 



SUlr of I •UfornU 



MEMORANDUM 

Date October 25, 1999 

To K Prosper 

Chief deputy Warden 
Sierra Conservation Center 

From Sierra Conservation Center, Jamestown, CA 95327 

Subject MANDATED REPORT REGARDING MY REQUEST TO BE KE- 
ASSIGNED FROM THE INFORMATIONAL TASK FORCE 



Dear Ms Prosper, 

This report is pursuant to your memorandum dated October 6, 1999, (see 
attachment M A H ) and served to me by Lieutenant M. Fox on October 18, 1999, 
directing me to submit a report regarding "violation of policy or law", "gross 
negligence by administration" and "cover up". 

I would like to start this report by informing you that it is my belief7opinion that 
your directive mandating me to write this report is or could be in the future a 
form of retaliation. Some of the reasons for my suspicion(s) is that I have 
already submitted numerous reports (see attachments *'D","G"&"r) including my 
Request to be Re- Assigned (see attachment "C") dated September 30, 1999. All 
of these reports have been detailed and submitted to my supervisor in accordance 
with the California Code of Regulations Title 15, Division 3, Chapter 1, Article 
4, Section 3300. In your memorandum (attachment "A"), you have separated 
five statements from the context and later you even mis-quoted my original 
statement(s). By segregating or separating only a few statements, you have 
removed vital information which makes me suspicious of your motives or need 
for another report. In this same memorandum you are requesting what 
corrective actions I have taken. However, in my Request to be Re-Assigned 
(attachment"C") in paragraph 4, 1 have already addressed what corrective actions 
I took. It is my belief/opinion that I might be getting set up as the fall guy by 
future claims that I did not report my findings through the proper channel(s). It 
is also my fear that if I disclose or dont disclose certain actions I took even if 
under a form of a protected activity, that I might receive disciplinary actions for 
insubordination, failure to disclose or some other trumped up chargers). 

Z.S G iJU S3 130 66, iof6 



Furthermore, it is my opinion that your directive to have me write this report 
could possibly be an unlawful order or at very least an unnecessary order. 
However, to avoid possible discipline for insubordination, I am submitting this 
report. 

You have directed me to address three subjects, which I have listed in your own 
quotes and detailed as follows: 

#1. What "violation of policy or law", by whom, when, what corrective action 
was taken by you or others, and copies of any and all reports you submitted. 

My actual statement was, / discovered in what is my opinion a cover-up of some 
very serious violations of policy and possible violations of law. 

Possible Violations of Policy. 

a). At the entrance of every California State Prison, a sign is posted that 
prohibits any explosives from coming on institutional grounds. 

b) CCR 3006 (a), states, "Inmates may not possess or have under their control 
any weapons, explosives, explosive making material, poisons or any 
destructive devices " 

c). CCR 3270, states, "The primary objectives of the correctional institutions 
are to protect the public by safely keeping person committed to the custody 
of the Director of Corrections,.... Consistent effort will be made to insure the 
security of the institution,.... The requirement of custodial security and of 
staff, inmate and public safety must take precedence over all the programs 
and activities of the institutions of the department. " 

In the past, whenever custody would receive information regarding possible 
escape paraphernalia, extremely dangerous contraband, bullets, destructive 
devices, handcuff keys, etc., the institution would consistently go on lockdown 
and staff would immediately begin an intensive and thorough search of the 
institution. In this case, no immediate action was taken. 

d). CCR 3291(a), states, "...However, all employees of the department have 
the responsibility to enforce laws, regulations and procedures which govern 
the actions and activities of inmates, parolees and of persons who associate with 
or who come into contact with inmates and parolees." 



85 6 Ljy SZ130 66, 2 of 6 



The IDL staff allowed unauthorized explosive material(s) on institutional 
grounds, allowed inmates to handle such material and stored it in an 
inappropriate area IDL staff are employees of the state and have a responsibility 
to follow and enforce laws, regulations and procedures, just as the warden all the 
way down to an officer. 

e) CCR 3295, states, "It is the duty of every employee to do everything 
possible to prevent the escape of an inmate." 

CCR 3303 (b) (l)-(2) & (d), states, "No staff member or inmate shall use or 

handle harmful agents and toxic or hazardous substances until trained in the 

safe handling of and emergency procedures for the use and handling of such 

agents or substances inmates shall not, without direct supervision, have 

access to harmful physical agents and hazardous or toxic substances, or the 

inventories of such agents or substances Control of armory and armaments, 

including firearms, ammunition, chemical agents and any explosives under the 
institutions control." 

The IDL staff did not even have in their possession a copy of the MSDS. 

g). "Report Writing for Law Enforcement Personnel" by Karen M. Hess/Henry 
M. Wrobleski. This document (see attachment "K") was provided to staff during 
In- Service-Training classes and was presented as departmental training. On page 
1, approximately halfway down the page it states,"In Law Enforcement we 
define REPORT as: A permanent written record which communicates 
important facts to be used in the future. Page 2, last paragraph states, "You 
should automatically assume that no one reading your report knows anything 
about police work, policy, procedures and what has happened. If you do not 
tell them in your report, they will never know." 

Possible Violation of Law. 

California Penal Code, Section 4502(a) & (b), states, "Every person who, while 
at or confined in any penal institution, while being conveyed to or from any 
penal institution or while under the custody of officials, officers, or employees of 
any penal institution, possesses or carries upon his or her person or has under his 

or her custody or control any instrument or weapon any explosive 

substance is guilty of a felony and shall be punished by imprisonment " 

Possible Gross Negligence bv Administration 

#2. What "gross negligence by administration", by whom, when, what corrective 
action was taken by you or others, and copies of any and all reports you 

8&u6mHUd."S2i30 66. 

3 of 6 



My actual statement was, "It is my fear that because of what I believe is gross 
negligence on the part of administration that human lives could be at risk. " 

As reported on September 22 & 23, 1999, (see attachments "G","F","H", & "I") 
and again on September 30, 1999 (see attachment "C"), this administration knew 
that a peace officer had reported seeing what he believed to be a live blasting cap 
(see attachment "H"), another peace officer reported that an inmate who worked 
at IDL provided information and the location regarding "Gun Powder for 
blasting and cad-welding"(see attachment "F") and fact that detonated caps had 
been discovered along with sensitive "lay-out plans" and "utility maps" were 
confiscated from an unsecured area (see attachment "I"). 

On the afternoon of September 23, 1999, Officer J. Popke reported to Associate 
Warden Heise that he knew were the explosive powder was being stored. Heise 
chose to wait until the following day to take action and instructed Lieutenant F. 
Cunut to forget what he had just heard from Officer Popke. 

On September 24, 1999, while IDL was being searched, institutional staff were 
only required to search the lockers that belonged to IDL inmate workers. 

A full search of the institution was not performed until October 19 & 20, 1999. 
Administration waited almost a full month before making a consistent effort to 
insure the security of the institution. 

Possible Cover-Up 

#3. What "cover-up", by whom, when, what corrective action was taken by you 
or others, and copies of any and all reports you submitted. 

My actual statement was, / discovered in what is my opinion cover-up of some 
very serious violations of policy and possible violations of law. 

A cover-up is defined by the Webster's II Office Edition Dictionary as "An 
attempt to conceal scandal or crime". 

Administration was notified on September 22, 1999, of the possibility of 
explosives in or around the IDL worksite and chose to wait until September 24, 
1999, to take any action. It is my opinion that anyone with good common sense 
and correctional custody experience would realize that by waiting to take action, 
the chance or probability of the fact that we were going to do a search would 
leak out, thus compromising the integrity of the search and possibly allowing a 

gutttggaigr tggovc^u^ee 1 ? 

4 of 6 



On the morning of September 24, 1999, prior to the search, a memorandum 
signed by you (see attachment "E") was posted in the foyer, watch office and 
was being distributed through out the institution. This memorandum was not 
confidential and both staff and inmates, especially clerks and snack bar workers 
had access to the document. The memorandum stated in the first 
paragraph, "The purpose of placing the institution on lockdown status is to 
conduct searches of inmate living quarters and work areas". Administration 
compromised the search by advertising it to the inmates and giving them until 
after the morning meal to get rid of any contraband they may be hiding. 

Task Force leader J Fee who was in charge of IDL inmate worker interviews on 
September 24, 1999, was instructed not to provide details that inmates had 
provided him in the incident report and that the counselors that performed the ■ 
interviews were not to write reports. 



On September 24, 1999, after the search of the IDL project, the outside search 
team which I was on, was instructed to only note on the incident report what 
was found around IDL and the sewer plant and that anything discovered at the 
firehouse and ecology was to be reported in a separate memorandum. 






Upon reviewing the incident report, I discovered that the cover sheet appeared 
to be vague, watered down and did' not provide important information such as a 
date of discovery, a peace officer's observation of a blasting cap, inmate 
information regarding explosive powder, 14 missing cad weld containers, 
detailed maps and other pertinent information. The incident package did not 
provide any of my previous reports or Officer Popke's report (see attachment 
"H"). 

Corrective Actions 

If you review all the documents I have attached including the one I provided you 
on September 30, 1999 (see attachment "C"), you will see what I did and the fact 
that this administration was aware of the information and discoveries made on 
September 22, 1999. Below is an outline of what corrective actions were taken 
at the institutional level: 

9-22-99 I Verbally reported my finding to CC II J. Fee. 

9-22-99 I Verbally reported my findings to ISU Sergeant B. Mills. 

9-22-99 CC II J. Fee informed me that he had reported the matter to 

Associate Warden W. Heise and Chief Deputy Warden K. Prosper. 
9-23-99 I provided a written report to CC II J. Fee. (attachment "I") 
9-23-99 CC II J. Fee informed me that he provided Associate Warden Heise 

5 of 6 



9-23-99 I informed the CCPOA Chapter President of my discoveries. 
9-23-99 Officer R. Storm and I authored a memorandum outlining our 

concerns, (attachment "G") 
9-23-99 Officer J. Popke submitted a report to CC II J. Fee. (attachment 

"H") 
9-23-99 CC II Fee informed me that he had provided Assciate Warden 

Heise with a copy of Officer Popke's report, (attachment "H") 
9-23-99 Memorandum to Associate Warden Heise from ISU Sergeant 

R Kirkland. (attachment "F") 
9-24-99 Wrote and submitted a 837-C which outlined my discoveries during 

the 9-24-99 search of the IDL project, (attachment "D") 
9-27-99 Verbally reported my discoveries to Warden M. Kramer in front of 

the institution. 
9-30-99 Officer R. Storm provided the CCPOA Chapter President with a 

memorandum resigning from the task force, (attachment "B") 
9-30-99 I submitted a report to Chief Deputy Warden K. Prosper and 

requested to be re-assigned, (attachment "C") 
9-30-99 I supplied the CCPOA Chapter President with a copy of my report 

to Chief Deputy Warden Prosper and demanded that he file it as a 

safety grievance, (attachment "C") 

In closing, I would like to reiterate the fact that all the documents that I have 
attached to this report have been forwarded. I am confident that upon your 
review of this report and the attached documents, I will have satisfied the 
requirement(s) that you have directed me to fulfill in your memorandum (see 
attachment "A"). 



Sincere 




W.I^dQaiaday 
Correctional Officer 
Sierra Conservation Center 



M.C. Kramer, Warden, SCC 

D. Paugh, CCPOA Chief Job Steward 

B. Young, Personal Attorney 

8S 6 UU S3 130 66. 

6 of 6 



Slate of California 



Memorandum 



Date : October 6, 1999 

To : W. B. Canaday 

Correctional Officer 




Officer Canaday, in your recent memorandum to J. Fee (copy attached), which you 
personally served me a copy of and a request to resign from a recently appointed work 
group for ethical reasons, you allege the following: 

"I discovered in what is my opinion a cover-up of some very serious violations of 
policy and possible violations of law." You further state, "I am greatly concerned 
for the safety of staff, inmates and most importantly the general public. I joined 
the task force to correct security problems not to be a part of a possible cover-up. 
It is my fear that because of what I believe is gross negligence on the part of this 
administration that human lives could be at risk. Furthermore, I will take no part 
in or be responsible in the event any person or persons get injured as a result of the 
aforementioned circumstances." 

Officer Canaday, as a Correctional Peace Officer, you are duty bound to report all 
violations of policy and laws. Therefore, you are directed as follows: 

Within three days of receipt of this memo, you are to submit a report detailing the 
following: 

• What "violation of policy or law", by whom, when, what corrective action was 
taken by you or others, and copies of any and all reports you submitted. 

• What "gross negligence by administration^', by whom, when, what corrective action 
was taken by you or others, and copies of any and all reports you submitted. 

• What "cover-up", by whom, when, what corrective action was taken by you or 
others, and copies of any and all reports you submitted. 

6h0IU0 8113066- 






From : Sierra Conservation Center, Jamestown, CA 95327 
Subject: ALLEGED STAFF MISCONDUCT 












ALLEGED STAFF MISCONDUCT 
Page 2 



As I have stated in the past, this administration will not tolerate violations of policy, 
laws or cover-ups. 

If you have questions, please contact Lieutenant Murphy at extension 5505 or 5506. 

K. PROSPER 
Chief Deputy Warden 

cc: Lt. Murphy, ISU 
Lt. Fox, ERO 
R. Callison, CCPOA 






6H0ILIH 81 130 66, 



Sntt ofCjbforuii 



MEMORANDUM confidential 



•8 



Date : September 30. 1999 

To : R_ Callison 

CCPOA Chapter President 

From : R. Storm 

CCPOA Job Steward/Correctional Officer 

Subject: RESIGNATION FROM TASK FORCE 

Please accept this document as my formal resignation from the Sensitive Information Task 
Force and my request to be reassigned back into my regular post/position. 

The reason for my resignation is that I feel that the information that the task force provided 
administration regarding the Inmate Day Labor project has been looked into only "half 
heartedly". It is my belief that the Incident report cover sheet is watered down and fails to 
address important information. The incident report refers to materials found as Cadweld 
electrical welding material and failed to call it what it is, Explosive Powder. 

The Task Force provided pertinent information regarding the explosives" to the Chief 
Deputy Warden on 9-22-99 and this administration failed to act until 9-24-99.- According 
to Sergeant Kirkland's report, there are fourteen tubes of this explosive powder 
unaccounted for. This concerns me for the safety of staf£ inmates and the public. 

I can't believe this administration is running this institution at normal program when there 
is a possibility that explosive material could be in the unsupervised control of inmates. 
Shouldn't this administration have explosive experts or possibly trained search dogs or at 
the very least our staff conducting a through search of this institution. 

The Task Force also discovered detailed maps/plans of the institution and had an officer 
report that he believes he has seen explosive blasting caps around the DDL worksite. 

I feel that the union should not be involved in a possible cover-up that could jeopardize the 
safety and security of the institution and the general public. 

R- Storm 

CCPOA Job Steward 

Task Force Member 

SO I Ud OC d3S 66. 



V" 



Stat* ofCibforon 

MEMORANDUM confidential 

Date : September 30, 1999 

To : J. Fee via M.C. Kramer 

Task Force Leader Warden. SCC 

From : W.B. Canaday 

Correctional Officer 

Subject: REQUEST TO BE RE-ASSIGNED 

Dear Mr. Fee, 

It is with great anguish and disappointment that I am writing this letter to 
request that I be removed from the Sensitive Information Task Force and be 
reassigned back into my prior assignment. 

Upon my review of the Incident Package (SCC-COP-99-09-0150) regarding the 
circumstances and events surrounding the Inmate Day Labor project. I 
discovered in what is my opinion a cover-up of some very serious violations of 
policy and possible violations of law. The cover sheet is vague and dose not 
even include the date(s) of discovery regarding the explosive materials nor the 
fact that staff had reported seeing what they believed to be "live" explosive 
blasting caps. The cover sheet fails to reflect the feet that there are fourteen 
(14) Cad-Thermo-Weld (explosive material) tubes not accounted for. 

The incident package did not provide any of my documentation and findings 
leading up to (prior) the search of IDL. Included in my initial reports were a 
peace officers description of "live" blasting caps and my findings of detailed 
layout plans and utility maps of the institution in an uncontrolled area within the 
IDL project. 

I reported my findings verbally on 9-22-99 to which you reported the matter to 
administration on that same afternoon. Note: I also provided you with a written 
report on the morning of 9-23-99 which you immediately forwarded to 
administration. On the afternoon of 9-23-99 the IDL officer reported to 
administration that he had located what he believed to be explosive powder. Yet 
this administration waited until 9-24-99 to take any action and continued normal 
inmate movement in the IDL area. When action was finally taken, the yards 
were not thoroughly searched, the DDL project was only shut down for a day and 
the inmates were on normal program that same afternoon. 



fiO I Lid 0Cd39 66, 



lof2 



As I have reported both verbally and in writing on two occasions prior to the 
IDL incident package (9-24-99) I am greatly concerned for the safety of staf£ 
inmates and most importantly the general public. I joined the task force to 
correct security problems not to be a part of a possible cover-up. It is my fear 
that because of what I believe is gross negligence on the part of this 
administration that human lives could be at risk. Furthermore, I will take no 
part in or be responsible in the event any person or persons get injured as a 
result of the aforementioned circumstances. 




cc : 

M.C. Kramer, Warden 
J. Fee, Task Force Leader 
R. Callison, CCPOA 



hO I Ud 0CcQS66« „ 

2 of 2 



u 



i^-^^ii uuuu <Jl CUHO.UU1I3 

Supplement to the Crime/Incident Report (CDC Form 837) 



Pagie: 1 



of 



IMFmii FlrrtT>iniftlnltlil 



Bid»ftf 



InHd«itl.o»tf 



Mills, Robert 



12177 



SCC-COP-99-09-0150 



Length of Service 



Pott Description : 



bicldentTlme 



Report Date : 



15 yrs., 4 mos. 



ISU Sergeant 



0800 hrs. 



09-24-99 



RDO'i 



Doty Horn* 



Incident Location 



S/S/H 



0730-1600 



Inmate Day Labor Project Site 



Description of Incident/Crime 



Area Search of Inmate Day Labor Project Site 



CCR Section/Rule 



Your Rote 



O Primary 
S Responder 
G Witness 
D Victim 
D Camera 



Witnesses (jrreia S-Sufl; Y-Vbi t©r» O- Other) 



Inmates Involved (preface S-Suspect, V-VTctlm, W-WUness) 



(S) C/O S. Lay 
(O) S. Padgett 
(O) Ken Kusler 
(O) Alan Neff 
(O) Keith Ramos 



Forte Used, fry You 



Less Lethal i; 

D 37mm 

□ Baton 

□ OC 

IS OthenN/A 



Lethal Weapons ; 



Number of Rounds Fired 



D Mini-14 
| Shotgun 
] Handgun 

|S OtherN/A 



Force Observed by You . 



Lethal 
G Less Lethal 
G Physical 
13 None 



n 

n 
n 

IS N/A 



I Lethal 
] Less Lethal 
] Physical 
M None 



Evidence Col lected 

El Yes 
D No 



Evidence Description g ; 



Deposition;; 



Weapon 



BIO Hazard j 



El Yes 
IS No 



One Southwestern Steel Key 



Evidence Vault 



Yes 

El No 



Reporting SUIT Injured:! 

D Yes . 

IS No 



Description of Injury 



Location 
Treated 



CTF 3301/306? Completed:; 



D Yes 
IS No 



N/A 



N/A 



On Friday, September 24, 1999, at approximately 0800 hours, I instructed Security Squad Officer S. Lay to 
videotape the Inmate Day Labor (IDL) office prior to its search. I informed DDL Supervisor Ken Kusler that 
Officer Lay and I would be searching all areas of the office and requested that he allow us to search his desk and 
files. Kusler consented and his office was searched. Numerous non-inventoried computer disks, whistles, pad 
locks, keys and small tools were discovered. 

At approximately 0830 hours, Officer Lay and I contacted IDL employee Alan Neff who consented to a search of 
his desk and files. Numerous non-inventoried computer disks and small tools were discovered. 

At approximately 0905 hours, I contacted IDL employee Keith Ramos who was assigned temporarily to a project at 
DVI and obtained his consent to search his desk and files. Upon searching his office area, Officer Lay and I 
discovered numerous non-inventoried computer disks, hand tools, and other items. See itemized list of articles 
discovered in Officer Lay's CDC 837C. Also discovered was a blank Southwestern Steel Company key (Folger 
Adams type key) laying on the window sill next to his desk, readily accessible to inmate workers in the IDL office. I 
seized the key a nd later placed in tojhejCC Evi dence V ault. ^ __ ^ 



s^: 



Reviewer's SI fnafnre ■.-.:. ■■:■'■/ 




j^J 



.Approved" 



ClarUIcaiion Needed 



09-24-99 



Dale 



?•*?*-?? 



(Prim in ink or employee* can personally type or complete this form on a computer) 
(Al bo time will this form be completed by anyone other than the reporting employee) 



Supplement to the Crime/Incident Report (CDC Form 837) 



Pagje: 2 of 



T.a«^imr Unt.Nmir lnlM.1 



Mills, Robert 



Bidrttf 



.. 



12177 



InridmtUf 



SCC-COP-99-09-015( 



rare 



ontinuation of Report 



I 



Additional Information 



Clarification Request 



At approximately 0925 hours, I contacted IDL employee Steve Padgett who consented to a search of his desk 
files. A small amount of non-inventoried hand tools were discovered. 



d 



ii 



1 






I 



: 






■ 



i: 






THU 



09-24-99 



Bftkwtri Btgnxmrfe 




Appro*** 



CkrUfcatkm Needed;! 



IBetin 



9 -?<{-? 7 






(Print in ink or employees an penomily type or complde this form oa s oompnter) 
(At no time will this form be mmpklcd by tnyooe other thin the reporting employee) 



supplement to tne Crime/ incident Report (CDC X orm 837) 



r*age: 



of 2 



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InHiW 1 n? » ^-«fr»*q>ft?^a I'.aWp.wt 



KIRKLAND, RODNEY 



31127/P44864 



SCC-COP-99-09-0150 



L'engttfof SeiWefrigtogttCTf 



IPbsf Description'*'* %a^^^JMtt6fl& 



Incident Time ii*fra*.ir£L'>r.i** ^r'H-r- / "■ » -' ?■ 



Report Dite - -^-v/^ -•■•.^aa^cSfcCegafe**'' 



14YRS/ 1MOS 



Security Squad Sergeant 



0800 



9/24/99 



imoYciaiiitRaiaggsgRS: 



.PiitrHbnrava^^-'^^KylQy^&'^H'aA: 



Idcident Locitloii' v tlC* ; - . ; ji ;>-. i , ;-;.. ■ ■:- ::.T'r^^/-^^-;^"'-^ -.•; r v^^i..t^-H^..,- 



s/s 



0730-1600 



Inmate Day Labor / Out Grounds 



Description of Inddtnt/Crime^'<'.^;^ frff&^y. 



^'.Kfe' ■ t' '--T^'^-'^-- 






CCR Section/Rule 



Inmate Day Labor / Ecology Search 



N/A 



Your Role 



I • •J'i'J* i r^*i't.V.rf -*.'-.J^B- 



JS Primary 
lH Responder 
CJ Witness 
;□ Victim 
iLJ Camera 



Witnesses (preface S-StifT. V-Vlsitor, O-Othcr) :?^^ >; 



In miles Involved (preface S-SuspccU V-Vlctim, W-W|tness) 



(O) B. Lee 
(O) Johnson 
(O) Danielson 
(S) J. Frohreich 
(S) Stevens 



Casual Labor / IDL 
Casual Labor / IDL 
Casual Labor / IDL 
Correctional Officer 
Fire Chief 



(S) WILLIAMS 
(S) ANDERSON 
(S) FOSTER 
(S) WOOLEN 



K19993 
P31302 
J40761 
P22985 



[ Force Used by You ■:::-.* 

P Lethal 

Zl Less Lethal 

M Physical 

i!3 None 



Less Lethal 

D 37mm 

□ Baton 

□ OC 

153 Other N/A 



iriajitliJi ':.:--■« 



Lethal Weapons <£'■*■;■ 

D Mini-14 
| Shotgun 
] Handgun 

M Other N/A 



Number of Rounds Fired 



Force Observed by You 

D Lethal 
] Less Lethal 
] Physical 
M None 



U 
□ 



N/A 



Evidence Collected 



^ Yes 

J No 



Evidence Description •'• 



Disposition 



Weipon 



BIO Hazard 



Cad-Thermo-Weld 9-(90); 13-(150); 
36-(200) 



Fire Chief Stevens secured 
In the Haz-Mat Safe. 



[X] Yes 
D No 



Yes 
HNo 



Reporting Staff Injured 



_] Yes 
E No 






Description of Injury 



Location 
Treated 



,SCIF 3301/3067 Completed : _:"^-' 



NONE 

NONE 



N/A 
N/A 



Yes 

E3 no 



Narrative: . 

On Friday September 24, 1999, at approximately 0800 hours I took part in a search of the Inmate Day Labor 
construction site and Ecology work site. At approximately 0820 hours Officer Frohreich and I summoned Mr. Lee, 
Mr. Johnson and Mr. Danielson to their office trailer located west end of the project site, near the sewage ponds. 
At approximately 0830 all three Casual Labor work supervisors arrived and I informed them of the search. At 0835 
[ searched the desk utilized by Mr. Johnson, with only minor discrepancies, two pairs of scissors that were not 
scribed or inventoried and loose change. I advised Mr. Johnson to remove the money from his desk, to scribe the 
scissors, and account for them on a office inventory sheet. Mr. Johnson opened his personal brief case for 
inspection, which proved negative for contraband. 

At approximately 0848 hours I searched the desk utilized by Mr. Lee and Danielson, with two minor discrepancies. 
ITiere was one pair of scissors scribed, however, no office inventory accountability, and an empty old briefcase 
iiat was believed to have been left by a prior contractor. At approximately 0900 hours I inspected a lunch box 
Delonging to Mr. Danielson, with negative results for any contraband. 

During the search of the common unsecured areas of the office, Officer Frohreich and I discovered (5) five cans of 
Sixteen ounce, flammable, toxic, PVC, Gray Touch up Compound, Two (2) cans of flammable Spray paint, and 
Dne hundred Sixteen full, partial, an d emp t y tube s o f Cad-Thermo-Weld. ^«_ m ^. 

J fiX. KIRKLAND ^<^^> 



iUvlcwerii Signature 



^^^g^gM^M^* 



~^y 




X 



-Clarification Needed w®&£M%3*% 



TDite:J&jj&5aBlE3f. 



9/24/1999 



;DatfcqSJ®%gSM3£gBg 



2z£2£?2 



(Print in ink or employees can personally type or complete this form on a computer) 
(At no time will this form be completed by anyone other than the reporting employee) 



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Fagjp: 



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^^-f.<f»Tt<^L^rr>«rr ■■ 3.»*> ■ - 



Ihfltlfnt 1.0?' 



R.L. Kirkland 



31127/P44864 



SCC-COP-99-09-015 



~T 



onUnuation of Report 



_ Additional Information 



Clarification Request 



Nirnilvf: . 

I asked Mr. Johnson if there was an inventory for the Cad-Thermo-Weld and he explained he kept the emptit 
the box with the full ones and could account for the items by comparison to his purchase orders. I informed 
Johnson I would be confiscating the flammables and Cad-Thermo-Weld to the main office and a decision woul 
made there as to the storage and use of these items. Officer Frohreich and I inventoried the Cad-Thermo-Wel 
follows; 

1 . Nineteen (19) empty size 90P tubes 

2. Nine (9) full size 90P tubes 

3. Thirty four (34) empty size 150P tubes 

4. Two.(2) full size 150P tubes 

5. One (1) partial size 150P tube 

6. One unopened box of Ten (10) size 150P tubes 

7. Six (6) full size 200P tubes 

8. Five (5) empty size 200P tubes 

9. Three (3) unopened boxes of Ten (10) size 200P tubes. 

It would be reasonable to assume by the method of inventory utilized by IDL that there are Two (2) size ! 
Three (3) size 150P, and Nine (9) size 200P Cad-Thermo-Weld tubes that are not accounted for. Fire C 
Stevens was summoned to examine the Cad-Thermo-Weld and assumed possession of the items for storage ii 
Hazardous Materials Safe. 



n 



f 

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] 

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I 

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Ii 
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Di 



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Jl 



At approximately 1300 hours I received two (2) positive urine samples taken by Correctional Officer K. I 
These samples were obtained from Inmates FOSTER J40761 and WOOLEN P22985 utilizing the On-Trac Re 
instant cup presumptive test method. WOOLEN'S test indicated a positive result for "THC" a common ingred 
found in Marijuana. FOSTER'S test indicated a positive result for Amphetamine. Both test were processed 
evidence for testing by National Toxicology, Bakersfield. A CDC 115 was prepared, however, will not be iss 
until results from National Toxicology are received. 

At approximately 1500 hours I investigated the discovery of numerous packs of "Main Street" cigare 
discovered in the IDL toolbox utilized by Inmate WILLIAMS K19993. 1 have determined that WILLIAMS boi 
these cigarettes from the Main Canteen at Fifty cents a pack. WILLIAMS said he takes the cigarettes to w« 
however, is not allowed to bring them back through the back gate area, so he leaves them in his toolbo: 
confirmed that SCC Canteen sells this brand of cigarettes and WILLIAMS regularly draws from canteen. 

At approximately 1530 hours I investigated what was believed to be an ATM withdrawal slip found in the loa 
of Inmate ANDERSON P31302. This slip is a bank transaction record for Six Hundred dollars that was withdnl 
from ANDERSON'S Disabled Veterans bank account and deposited into his SCC Trust account on 8/1 3/99. [ 
receives the transaction receipt through the mail when his funds are sent to the trust office. 




(Prim in ink or employees can personally type or complete this form on a computer) 
(At no time will this form be completed by anyone other than the reporting employee) 



f 



Last rcim* fttt* v.^ [ntft1| 



■ - — w.^.v <A > AV4UCU1 ^cpon ^lic Form 837) 



LAY, STEVEN C 



Length of Serrke 



14 years/2 mos. 



RDO't 




. — _a»diti 



Port Description 



SECURITY SOT IAn 



PgtyHonr» 



31129/P37870 



_ Incident Time 



0800 hours 



Incident Location 




SCC-COP-99-09-0150 



Report Date 



09-24-99 



Description of Iaddent/Crime 



Inmate Day Labor Sewer PrnfWt 



Your Role 



K Primary 
U Responder 
D Witness 
D Victim 
Camera 



Wtoaw (P^"* SWSUfl; V-VhHor, O-Other)" 




(S) B. Mills 



Fon* UacJ by Yon 

U Lethal 
U Less Lethal 
D Physical 
None 



Leas Lethal 

LJ 37mm 



Innut« Involved (preface S-Snspect, V- Victim, W-WU^ 



LethdW^pon i | Nmnberof Roon.fa Fl^d" 

U Mini-14 "y 
D Shotgun □ . 

□ Handgun □ 
' OtherN/A M 



Force Observed by Yon 

(J Lethal 
C] Less Lethal 
D Physical 
None 




SCIF 330173067 Completed 

U Yes 

S_No 



Occupied by the IDL TenSorT Se^fl MM? j ""l"? emnmCe ^ ta * "" ° f the ID L ™i office 
nd expJed ,o toZ^o^K^^E?* ^ T? ^ wfth Ke " Kusler IDL Su P™. 







9~c?r-?? 



Supplement to the Crime/Incident Report (CDC Form 837) 



Page: 2 of 



FR01 
S/S/H 



I Ml \rn~~ Hflt B— laltt»l 



Ji*4XiJ_ 



Inddmt I.n» 



LAY, STEVEN C. 



31129/P37870 



SCC-COP-99-09-0150 



Continuation of Report |^ 



Additional Information 



Clarification Request 



1. 



:. 

3. 
4. 
5. 
6. 
7. 
8. 
9. 



A 1 .44 floppy disk with Mr. Ramos home phone number as well as bis Social Security Number, home ac| 

and entire work history. 

( 1 8) Master locks with keys in an unlocked desk drawer. 

Approximately (100) brass chits resembling staff chits. 

A magazine with Keith Ramos home address, city and zip code. 

A blank Folger Adams key found on his window sill in plain sight of inmates. 

(2) screw drivers (un-inventoried). 

(1) pr. Scissors. 

(1) Vehicle key. 

(14) Un- identified keys. 

10. A staff whistle. 

1 1 . A Torque Wrench (un-inventoried) 
I placed the three photos into evidence per SCC guidelines 

While searching the electrical transformer room adjacent to the IDL office, I discovered an unlocked cabinet 
easy inmate access. Inside the cabinet were the following hazardous/ flammable items: 

1 . (5) 1 5 oz. Cans of electrical coating (marked extremely flammable). 

2. (5) 32 oz. Cans of PVC cement. 

3. (7) 32 oz. Cans of Solvent cement. 

4. ( 1 ) Can of spray silicone (marked extremely flammable). 

5. (1) 17 oz. Can of spray paint. 

6. (1) 15 oz. Can of marking paint. 
I exposed (1) Polaroid photograph of these items and placed this photo into evidence per SCC guidelines. 



IDLfl 

JcirHole 




Clarification Needed 



Date 



09-24-99 



Date 



?<&*-?? 



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Inflri#nf Iny »: 



•-•'j« 



FROHREICH, JEFFERY S 



44462/P52919 



SCC-COP-99-09-0150 



-Length of StrvtfeeCgSS'gF A Post DescripHoii./ 7 ^.^.vTi "^ ^ V.yy: 



Incident Time-?- •■■■>- i-'- - 'J 



Report Date ^>.i*'~r.-.:te^liSf£iM£S&a>i: 



9 YEARS 



SECURITY SQUAD 



0800 hours 



09-24-99 



RDO'a "Mt^^^t^SS^^. 



»Duty Honn^- ;-r'X r :*T n ^t^- ■■■~-.xr!r*u 



Incident Location 



yJt^K 



-...::-'.■: :.v,v. 



•— ?•!■ -^^iih^MfiiSs^Ps'jt-*?? 



S/S/H 



0730-1600 



Inmate Day Labor 



:Pei'criptIonbfTncIdcnt/Crime:Tvnffi&'v~^ 



CCR Section/Rule 



\t *.i;V .;•*• 



IDL/ECOLOGY SEARCH 



IVourRole: 



H Primary 
r~| Responder 
I | Witness 
D Victim 
i_J Camera 



z^a^-ms 



Witnesses (preface S-Staff. V-Vlsltor, O-Other) 



Inmates Involved (preface S-Suspcct, V-Vlctim. W-Wltness) 



Sgt R. Kirkland 
(s) IDL Staff 
Johnson 
Lee 
Danielson 



■Force Used by You r'ty. ;>-■;*.; ^-j, 



D Lethal 
[~| Less Lethal 
[I! Physical 
FD None 



Leas Lethal -• 

Lj 37mm 

□ Baton 

□ OC 

□ Other: 



Lethal Weapons- 

D Mini-14 
Z2 Shotgun 
] Handgun 
D Other 



Number of Rounds Fired 



Force Observed by You 



u 

□ 



N/A 



□ Lethal 
J Less Lethal 
| Physical 

M None 



Evidence Collected 



K Yes 
D No 



Evidence Description 1 



:t^:V-.,.^.->.:,. 



Disposition 




Three (3) Photographs 



SCC Evidence Vault 



IReportlngStifrinjurcd!:^^^^-/-;-^;'-' 



Description of Injury ^"b '\&>. ^l; ; > 



Location- 
•Treated 



SCIF 3301/3067 Completed -^--\ 



Yes 

[3 No 



N/A 



N/A 



Yes 

^No 



Narrative: 

On Friday, September 24, 1999, 1 assisted Correctional Sergeant R. Kirkland in the search of several buildings in 
the Inmate Day Labor (DDL) work site. The first building we searched was the office of Supervisor Johnson, 
Danielson and Lee. I video taped the office prior to the search. We began the search of Supervisor Johnson's desk 
at approximately 0835 hours and ended at approximately 0847 hours. There were no discrepancies noted in 
Johnson's desk. However there was a box with 5 cans of highly flammable PVC Touch Up Compound inside. We 
began the search of Supervisor Danielson' s desk at approximately 0848 hours and the search ended at 
approximately 0900 hours. There were no discrepancies noted in Danielson's desk. We continued a search of the 
entire office and recovered two (2) cans of highly flammable paint, and numerous containers of Cad Thermoweld 
material. The amount of Cad Thermoweld found was as follows; 

1 . Thirty Four (34) empty tubes, size 1 50P 

2. Two (2) full tubes, size 150P 

3. One (1) partial tube, size 150P 

4. One unopened box often (10) tubes, size 1 50P 

5. Nineteen (19) empty tubes, size 90P 



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Approved \- '■**#£■ -*-,;£— 



Clarification Needed 



immangreE 



<?-?y-FF 



Date 



■i^ryh\t^y<.--i~~: 



9-P*-9? 



(Print in ink or employees can personally type or complete this form on a computer) 
(At no time will this form be completed by anyone other than the reporting employee) 



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Sop 



FROHREICH, JEFFERY, S 



44462/P52919 



SCC-COP-99-09-0150 



■#'. 



IS Continuation of Report 



i 

irtL 

I 



tail 



Additional Information 



Clarification Request 



Nirrtllvc: 



6. Nine (9) full tubes, size 90P 

7. Six (6) full tubes, size 200P 

8. Five (5) empty tubes, size 200P 

9. Three (3) unopened boxes often (10) tubes, size 200P 



ft 



The Cad Thermoweld materials, PVC compounds and paint was removed and taken to the main IDL office wh f?i 

it was examined by the Fire Chief. I exposed Three (3) Polaroid photographs of the materials. The photographs 

as follows; 

Photograph # 1 Depicts the Cad Thermoweld, PVC compound and the paint. 

Photograph #2. Depicts the Cad Thermoweld, PVC compound and the paint. 

Photograph #3 Depicts the Cad Thermoweld and PVC compound. 



Upon completion of the search of the supervisors' office I searched several other buildings in the IDL work site. 

I marked the photographs with the date, time and my initials and placed them in a manila envelope with a VOS 
99 Evidence card attached and placed them into the SCC Evidence Vault. 



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Approved? 



5L"S^A^"4TS^ 



Gtriflcition Needed. 



□ 






Dates; «s«ggi 



^W- 




(Print in ink or employees can personally type or complete this form on a computer) 
(At no time will this form be completed by anyone other than the reporting employee) 



-v 
^ 



Department of Corrections 

Supplement to the Crime/Incident Report (CDC Form 837) 



Page: 



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_D»p*n*cm of CorT«coons 

Supplement to the Crime/Incident Report (CDC Form 837) 



Page: 




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Department of Corrections 

Supplement to the Crime/Incident Report (CDC Forml'837) 



Pa^'e: 1 of 1 



last Num.; Fint Name Initial 


n n .iM« 


Incident Lo» « 


FEE, JAMES C. 


//2S~g/Px<//~>£ 


SCC-COP-99-09-0150 


Length ofSerrice 


Post Description 


Incident Time 7 


Report Date 


16 YEARS 


ecu 


0800 HOURS 


09-24-99 


1 RDO*S ": :: 


Duty Hoars 


Incident Locnilon 


|s/s 


0730-1600 





Description of Incident/Crime :::■;; 


CCR Section/Rule 






•Your Role-::! 


Witnesses (preface S-Stnff. V- Visitor, O-Other) 


Inmates Involved (preface S-Suspect, V -Victim, W-\Vltness) 


1 L] Primary 
3Responder 

; O Witness 
n Victim 

j Camera 










| Force Used by You 


Less Lethnl : 


Lethnl Wen pons : . 


Number of Rounds Fired 


Force Observed bv You 


D Lethal 
< iZ] Less Lethal 
| LD Physical 

1 13 None 


□ 37mm 
Z\ Baton 

□ oc 

J Other: 


] Mini-14 N/A 

n shotgun n 

] Handgun 
n Other 


□ Lethal 
J Less Lethal 
] Physical - 

13 None 



D Evidence Collected:; 


Evidence Description 


Disposition 


Weapon 


BIO Hazard 


L Yes 

1 13 No 


N/A 


N/A 


Yes 
13 No 


Yes 

13 No 



Location 
Treated 

N/A 



Reporting Staff Injured 



Description of Injury 



SCIF 3301/3067 Completed 



G Yes 

13 No 



N/A 



Yes 



13 No 



Narrative: 

ON SEPTEMBER 24, 1999, AT APPROXIMATELY 0800 HOURS, I ASSEMBLED A GROUP OF SIX 
CORRECTIONAL COUNSELOR I'S TO CONDUCT INTERVIEWS OF THE INMATES, WHICH WORK 
FOR INMATE-DAY-LABOR. THESE INTERVIEWS STARTED AT APPROXIMATELY 0900 HOURS 
AND LASTED. UNTIL 1330 HOURS. NO INFORMATION THAT WOULD LEAD TO ANY ILLEGAL 
ACTIVITY BY INMATE WORKERS Of? STAFF IN IDL WAS OBTAINED. 



Reporting Staffs Signature 



J. FEE, CORRECTIONAL COUNSELOR II 



Reviewer's Signature 



Uh^ 




(Print in ink or employees can personally type or complete this form on a computer) 
(At no time will this form be completed by anyone other than the reporting employee) 



ECOLOGY/IDL SEARCH ' 

9-23-99 

0700 WARDEN ADVISED HEISE OF THE NEED FOR A SEARCH PLAN. 

0800 WARDEN INFORMED HEISE TO DEVELOPE A SERACH PLAN FOR ECOLOGY/IDL 

9-24-99 

0700 HEISE BRIEFED SERT 

0730 HEISE BRIEFED ADMINISTRATION STAFF 

0845 SERT WEIGHTS FOUND AT THE ECOLOGY. PETREY INFORMED HEISE THAT SGT. MCCLURE 
FOUND THE WEIGHTS AND WOULD AN ITEMIZED REPORT AND GIVE IT TO MARCY 

0904 BOLT CUTTERS, VARIOUS TOOLS, TORCH, KNIVES FOUND IN OFFICER' S OFFICE AT ECOLOGY 

0906 HEISE INFORMED SERT THAT THE WEIGHTS, LOCKERS, SPEAKERS, RADIOS ETC. IN ECOLOGY 
NEED TO GO. POPKE GETTING A TRUCK. 

09 1 8 FOLGER ADAMS KEY FOUND AND REPORTED TO HEISE IN THE MAIN OFFICE OF IDL. 

0944 HEISE INFORMED SERT THAT ALL OF ECOLOGY NEEDS TO BE SEARCHED. 

0945 HEISE ASKED OFFICER EKERT TO LAYOUT THE CONTENTS OF HIS LUNCH BOX. EKERT 
COMPLIED. PILLS WERE FOUND, HIESE NOTIFIED ISU. 

1009 FIRE CHIEF STEPHENS BRIEFED HEISE REGARDING THE GUN POWDER/MAGNISUM CAPSULES. 
CHIEF STEPHES SAID THE CAPSULES SHOULD BE IN A FLAMABLE, SECURED LOCKER IN A 
CONCRET BUILDING. 

1016 HEISE INFORMED KEN KESSLE THAT HE WANTS THE CAPSULES/EQUIPMENT STORED IN A 
SECURED CONCRETE BUILDING NOT AROUND ANY FLAMMABLE MATERIALS, AND 
INVENTORIED. 

104 1 HEISE INFORMED SGT. CALHOUN TO GET A TEAM TOGETHER TO SEARCH THE 
FIRESHOUS/LIVING QUARTERS. 

1043 HEISE INFORMED SGT. KIRLAND TO GET AHOLD OF FEE TO FIND OUT IF THE CCV S RECEIVED 
ANY INTELLIGENCE AND WHEN THE INTERVIEWS ARE COMPLETED THE IDL INMATES CAN 
RETURN TO WORK. 

1052 HEISE CONTACTED FEE, APPROXIMATELY 1/3 OF THE INTERVIEWS ARE DONE THERE IS ONE 
CONFIRMED METH/ONE CONFIRMED THC. 

1115 PERSONAL ADDRESS WAD FOUND IN A LOCKER OF AN INMATE AT THE FIREHOUSE. 
1 132 INMATE OLGUE, D04337, IS BEING PLACED IN AD-SEG FROM THE FIREHOUSE. 



FAX MAK€: 
FAX NUMBER: 

DATE TINE 


I 5 1 

LAST TRANSACTION REPORT FOR HP FAX-700 SERIES VERSION: 

WARDEN DATE: 28-SE ! | 
2099843607 TIME: 1 

RFMOTF FAX NAME AND NIJMRFR DURATION PG RESULT: DIAGND 


28-SEP 11:12 S 


9 1 63224038 : 06 : 42 11 OK 663840 1 




S=FAX SENT 

0= POLLED OUT (FAX SENT) 



TO PRINT THIS REPORT AUTOMATICALLY. SELECT AUTOMATIC REPORTS IN THE SETTINGS MENU. 
TO PRINT MANUALLY. PRESS THE REPORT/SPACE BUTTON. THEN PRESS ENTER. 



V 



Memorandum * 

Date : September 23, 1999 

To : To All Staff 

From : Sierra Conservation Center, Jamestown, CA 95327 

Subject : INSTITUTIONAL LOCKDOWN 

On Friday, September 24, 1999, after the completion of the morning meal, the entire 
institution will be placed on lockdown status. The purpose of placing the institution on 
lockdown status is to conduct searches of inmate living quarters and work areas. 

There will be no inmate movement outside the backgate area, except for the employee snack 
bar workers. All of the Central Division crew officers will report to the Custody Captain. All 
unit staff will report to their respective Facility Captain for assignment. 

Tuolumne Unit: inmates assigned to PIA will be allowed to go to their job assignments. 

If any additional information is needed, contact R. Bird, Custody Captain, at extension 5417. 




Memorandum CONFIDENTIAL %% 

D^ : September 23, 1999 



r 



» 



To :W. H. Heise 

Associate Warden 
Central Operation 

From : Sierra Conservation Center, Jamestown, CA. 95327 

'h ■ ■ ':. 

Subject: CONFIDENTIAL INFORMATION REGARDING INMATE DAY LABOR. 

Intelligence information gathered to date indicates the following areas of concern: 

1 . Gun Powder for blasting and cad-welding used by Electrician Johnson are stored in the 
desk of Ken Kusler or Keith Ramos located in the main office and in the trailer office 
used by Mr. Lee and Mr. JOHNSON. 

2. Sixty Five to Seventy Cheese-burgers have been prepared and smuggled to DDL by 
Inmate Snack bar workers via the Ecology Crew workers to the IDL workers. This has 
happened on several occasions over the past few months. Three shipments of the 
Cheese-Burgers were intercepted by Officer Ekert assigned to the ecology crew. 

i 

3. Inmates have constructed weights from steel, pipe and concrete and are utilizing a 
weight room located next to the sewer treatment office. 

4. Conex boxes containing hazardous materials, paint, paint remover, . ether, epoxy 
remover, ect. . . have been left unsecured with no supervision. 

5. Conex box Ten contains approximately forty cans of spray paint and numerous cans of 
ether, left unlocked and unsupervised during the working day. 

6. Next to the Sewage Treatment tool-room is approximately Six cans of uncontrolled 
gasoline and solvent in an unlocked open container. 

7. Staff have provided inmates with food items; ie, sodas, pies, poppers, chips, 
sandwiches, ect... 

8 . A former free staff Moniker "WIGGY" and another free staff member were involved in 
several heated arguments almost resulting in a fight over "WIGGY'S" wife. 

9. Tool room inmates were provided keys to tool rooms, personal vehicles, state vehicles, 
residences, personal mail-boxes, ect... 

- 10. Clerks had access to state computers, personal information, fax lines, telephones, and 
were left unsupervised for short periods of time in the offices. 

R. L. Kirkland .. . 
.Security Squad Sergeant 



State of California 



MEMORANDUM confidential 

Date : September 23, 1999 

To : J. Fee 

Task Force Leader 

From '. Sierra Coascrvation Center- Jamestown, CA. 

Subject: CONCERNS 

Over the past two (2) days the task force has made some alarming discoveries regarding 
the Inmate Day Labor water/sewer project. Our concerns are due to the following: 

1 . Two (2) discharged blasting caps were found, 

2. An Officer has reported that he has seen two "live" blasting caps; one of 
which he described could be an electric blasting cap and if not properly 
handled and stored could be set off with a normal battery, two way radio 
or a helicopter, 

3. A set of complete and detailed Layout Plans and Utility Map of the Main 
Side Institution was confiscated from an unsecured IDL work truck that 
inmates have had access to, 

4. An inmate who was interrogated by ISU supposably admitted to IDL staff 
being in possession of live charges and also provided the location of 
possible explosive powder that he admits to he and other inmates having 
access to, 

These facts were reported yesterday afternoon (Sept. 2Z, 1999) and yet IDL is still in full 
operation with a full crew of inmates. As far as we are aware, the area that the explosive 
powder was reported has not been searched. We are concerned that by not conducting an 
immediate search, the possibility of live explosives could be getting smuggled into the 
security areas of the institution. We are also concerned that if in fact there are 
unauthorized explosives on institutional grounds the longer we wait the more time 
individuals have to dispose of the said items and cover up a serious crime. 

We are especially concerned for the safety of staff, inmates and the general public. 
Therefore, we are requesting that the Department of Corrections take immediate 
corrective ac/ions to protect the sanctity of human life and/or a possible escape attempt. 





W.B. Ca4iad/y R- Storm 

Correctional Officer Correctional Officer 

Task Force Member Task Force Member 



.Memorandum 



H 



Data September 23, 1999 

To J. Fee 

Task Force Coordinator 

From Sierra Conservation Center, Jamestown, CA 95327 

subject : DISCOVERY OF POSSIBLE EXPLOSIVE DEVICE/MATERIAL 

On Wednesday, September 22, 1999, at approximately 1000 hours, I produced one orange 
blasting cap to Correctional Officer B. Canaday that was discovered at the DDL Water 
Treatment Plant. Officer Canaday, who had prior education with blasting caps, informed me 
the device was discharged and safe. I was asked to submit a report of any other findings 
concerning blasting caps and my knowledge the findings of blasting caps. 

Approximately three to four months ago, I discovered an orange color rounded tub with 
several feet of wire that also was colorea wrapped around the tub at DDL. I did not know what 
this product was and placed it in the hot trash. A few weeks later, an inmate gave me an item 
that looked like the one I discovered, only this one was fragmented on one end. 

I contacted DDL supervisor Ken Kusler and asked if he knew what this item was. Ken replied, 
"yes, its a blasting cap from when they blasted the rock base so we could start digging." I then 
asked Ken if the caps were dangerous and he stated, "no, they are all over this place, its no big 
deal." 

I then placed the blasting cap in the hot trash and gave it to the Ecology officer. I did not 
know trie safety concerns of this item until Officer Canaday informed me. At that point, the 
proper staff were notified and a search was started to locate the blasting caps that was left 
oehind. 

Please note: In the past couple months, I have had discussions with several inmates about the 
issue of blasting caps being found on IDL grounds. During these discussions, I was informed 
that these inmates had seen hundreds of the blasting caps on the site at D)L since their 
assignment to the project. 



1 1 




J. POPKE 
Correctional Officer 
DDL 



State of California 



MEMORANDUM confidential 

Dtte : September 23, 1999 

To : J. Fee 

Task Force Leader 

From : W.B. Canaday 

Correctional Officer 

subject : CONFIDENTIAL MATIERIAL 

On September 23", 1999, Correctional Officers R. Storm, S. Lay and myself 
conducted searches of certain areas of the Inmate Day Labor (IDL) water/sewer 
project located at the Northwest side of Sierra Conservation Center. The 
following documentation is information and/or items that we obtained during our 
searches. 

At approximately 1030 hours, Correctional Officer J. Popke who is assigned to 
. IDL, provided me with an object that he presumed was an explosive "blasting 
cap". I took possession of the object and because of my prior experience and 
training with explosives I was able to identify the object as a non-electric blasting 
cap. After removing dirt that was packed around the blasting cap, I was able to 
determine that the blasting cap had been discharged and was not "live". Officer 
Popke informed us that he had found numerous discharged caps and one "live*' 
cap over the past several months. Officer Popke related the fact that up until a 
few weeks prior he did not know that the objects were explosive blasting caps. 
He ultimately found out by asking an IDL staff member what they were used for; 
the IDL staff member informed him that they were blasting caps and that they 
were "all over". At the time of their conversation, Officer Popke claims that this 
staff member had possession of what appeared to be a blasting cap with two wires 
coiled up and attached to the cap. Upon Officer Popke' s description of the 
blasting cap, and my experience and training with explosives, it is my belief that 
he was describing an "electric blasting cap". I asked Officer Popke where he had 
deposited the blasting caps that he had gathered over the past several months; he 
informed me that because he did not know what they were at the time, he had 
disposed of the items per "Hot Trash" procedures. 

At approximately 1240 hours, Officer Storm and myself searched the Ecology hot 
trash conex box. We discovered that the hot trash is hauled out approximately 
three (3) times a week and this particular morning the hot trash had been removed 
and hauled away. Therefore, there were no blasting caps located in the hot trash 
conex box. 

lof2 



At approximately 1305 hours, I found another discharged non-electric blasting 
cap in a metal basket that was located on the north side of the upper IDL storage 
yard. I also found unsupervised inmates in possession of starting fluid (ether), 
spray paint, and cutting torches. 

At approximately 1330 hours, while searching IDL truck #7148, behind the seat, I 
discovered a complete "Layout Plan*' and "Utilities Map" of the entire Main Side 
of the institution, including the security areas. The truck in question was 
unlocked with the windows down and not supervised by IDL staff. These maps 
detail all aspects of the structural design of the institution including surface 
compaction, the thickness of concrete surfacing, all exits/entrances, all structural 
measurements, map identifiers, utility access', maps out all drainage pipes and 
provides the size and diameter of said pipes, maps out the underground utility 
tunnel(s) and provides extremely technical information that is to lengthy to 
mention. 

Currently, one (1) discharged blasting cap is in possession of ISU Officer Lay and 
the plans/maps and the other discharged blasting cap is locked in the temporary- 
evidence locker located in Hearing Room #3. 

I am deeply concerned about the safety of staff, inmates and the general public. I 
have experience dealing with these types of explosive devices and have the 
contacts to answer any questions that might arise. 

W.D. Canaday 
Correctional Officer 















2 of 2 



»«r" 



I 

MEMORANDUM confidential 



State of California 



Date : September 23, 1999 

To : J. Fee 

Task Force Leader 

From : W.B. Canaday 

Correctional Officer 

subject : CONFIDENTIAL MATD2RIAL 

On September 23; 1999, Correctional Officers R. Storm, S. Lay and myself 
conducted searches of certain areas of the Inmate Day Labor (IDL) water/sewer 
project located at the Northwest side of Sierra Conservation Center. The 
following documentation is information and/or items that we obtained during our 
searches. 

At approximately 1030 hours, Correctional Officer J. Popke who is assigned to 
IDL, provided me with an object that he presumed was an explosive "blasting 
cap". I took possession of the object and because of my prior experience and 
training with explosives I was able to identify the object as a non-electric blasting 
cap. After removing dirt that was packed around the blasting cap, I was able to 
determine that the blasting cap had been discharged and was not "live*'. Officer 
Popke informed us that he had found numerous discharged caps and one "live" 
cap over the past several months. Officer Popke related the fact that up until a 
few weeks prior he did not know that the objects were explosive blasting caps. 
He ultimately found out by asking an IDL staff member what they were used for; 
the IDL staff member informed him that they were blasting caps and that they 
were "all over". At the time of their conversation, Officer Popke claims that this 
staff member had possession of what appeared to be a blasting cap with two wires 
coiled up and attached to the cap. Upon Officer Popke' s description of the 
blasting cap, and my experience and training with explosives, it is my belief that 
he was describing an "electric blasting cap". I asked Officer Popke where he had 
deposited the blasting caps that he had gathered over the past several months; he 
informed me that because he did not know what they were at the time, he had 
disposed of the items per "Hot Trash" procedures. 

At approximately 1240 hours, Officer Storm and myself searched the Ecology hot 
trash conex box. We discovered that the hot trash is hauled out approximately 
three (3) times a week and this particular morning the hot trash had been removed 
and hauled away. Therefore, there were no blasting caps located in the hot trash 
conex box. 

lof2 



REPORT WRITING 
FOR LAW ENFORCEMENT PERSONNEL 

For Use with For the Record - Report Writing in Law enforcement 
BY Karen M Hess/Henry M Wrobleski 
Webster's New World Dictionary 

Dennes: REPORT as: 

1. To give an account of, often at regular intervals; give information about 
(something seen, done, etc); recount 

2. To cany and repeat (a message, etc.) 

3. To write an account of for presentation to others or for publication, as in a 
newspaper. 

4. To make known the presence, approach, etc. of . 

5. »To' give a formal statement or •fficiafr account o* announce formally (the 

results of an investigation, etc) 

6. To present or return (something referred for study* action, etc) with the 
conclusions reached or recommendations made. 

7. To make a charge about (something) or against (someone) to a person in 
authority / to report a rudeness, to report a thief. 

In Law Enforcement we define: REPORT as: 

A ygil n an e nt w ritten recor*which communicates important facts to be used in the 
future* 

Any administrative action, investigation or operation of a department or agency is only as 
good and the resulting report. 

There are basically two types of reports: 

Administrative Reports and Operational Reports. 

Administrative reoorts deal with the routine functioning of the deoanment or a2ency. 
These reports can deal with uniform inspections, reporting -Tocedures and grievances. 

Operational reports deal with the activities of law enforcement officers. There are five 
primary rypes of operational reports. 

1. Incident/Investigative Reports. 

2. Crime Reports. 

3. Arrest Reports. 

4. Traffic Accident Reports :(or ?Crash Reports) 

5. Supplemental Progress Reports/Follow-up Reports. 



'H 



In Law Enforcement the very definition of a report indicates its importance and the 
implication that reports are used and not simply filed away. Reports are necessary for the 
efficient operation of any law enforcement agency, or you would not have to write them. 

Reports ?re used to 



examine the past. 

keep other officers informed. 

c it n i in tic investigations. 

prepare court cases. 

provide the court with relevant facts. 

coordinate law enforcement activities. 

plan for future law enforcement services 

evaluate law enforcement officers' performance. 



Many officers mitigate the importance of their reports. They believe that reports are a 
necessary evil in the profession. These officers believe they are putting their life on the 
line in the performance of their duty, and the most important pan of police work is dealing 
with the criminals. Unfortunately, this is not the case. Yes, we do put our life on the line 
in the performance of our sworn duty; however, our documentation is what will keep our 
streets clear of criminals once the arrest is made. 



In addition, our reports will reflect directly on our education and professionalism. Think 
for one mmuie 1111 who will use our leporls. Not only are you, the police officer, the on- 
site observer, you are the only source of the relevant facts needed to prosecute the case. 
Your report will be used by: 



other officers 

supervisors 

attorneys and judges 

jurors 

city officials 

reporters 

citizens 



You can rest assured the reader of your report will have at ieast a high school education 
and a valid reason for reading your report You can aiso be very certain that your reader 
will oniy know what your report tells them You cannot assume the reader will know the 
law enloi cement abbreviations you have used or your jargon. Your report should be 
reader friendly You should automatically assume that no one reading vour report knows 
amthing about poiice work, policy, procedures and what has happened . If you do not telL 
them in your report, they will never know ■ Your report should be in simpie language. 
You should use complete sentences avoiding police jargon and abbreviations. 






We create many of :he most common problem in police reports by making them sound like 
police reports. This is not an inconsistency. We make the report coldly clinical, clouded 
with police jargon and abbreviations. Many of the common problems are: 

• Confusing or unclear sentences. 

• Conclusions and assumptions. 

• Extreme wordiness. 

• Police jargon and abbreviations. 

• Missing or incomplete information. 

• Misspelled words and grammatical/mechanical errors. 

One example of a poorly written police report might be: 

On the above date, at or about approximately 2355 hours, this officer responded to the 
above referenced location in regards to a victim's report that a person or persons 
unknown had fired a gun, breaking her window. 

Imagine trying to make sense out of that statement. Your report should be dear. The 
reader would have to search four different areas of the report to locate the date, location, 
victim and reporting employee. Trying to figure out what the writer is reporting requires a 
separate investigation. 

On March 15, 1998, and approximately 2355 hours, I arrived at 12560 Ocean View Drive 
in response to a report by Mrs. Jane Smith that someone had fired a gun, breaking the 
living room window. The window opens west onto highway 101. 

A well-written report can save the department time and expense and result in better police 
work and more convictions. In addition, well written reports can protect both the officer 
and the officer's department from lawsuits. 

On a more positive note, well written repcr.s can also greatly enhance an officer's career. 
Well-written reports reflect positively or. your education, your competence and your 
professionalism. .As Officers, we all receive extensive training in the legal processes, 
human relations, investigative processes and technical procedures; however, we are 
evaluated largely on our communicaucns skills. There are times it seems that our written 
reports are more important than the action that we perform in the field. The cr.minai 
justice svstem places great significance on accuracy, clarity and thoroughness of the 
written reoort. 



CHAR.A CTERISTICS OF A KTLL- WRITTEN REPORT: 



Factual 
Accurate 
Objective 
Complete 

Clear 

Concise 

Mechanically Correct 

Written in standard English 

Legible and On-Time 



FACTUAL 



A well-written report is factual. It does not contain opinions. A fact is a statement that 
can be proven. It may be proven false, however, it is still classified as a factual statement. 
You can discuss and debate facts and inferences logically and reasonably and come to 
some agreement on them. Opinions, however, reflect personal beliefs on which there is 
seldom agreement. Inferences (conclusions) can prove valuable in a report, provided they 
are based on sufficient facts. An inference is not really "true" or "false", it is "sound" or 
"unsound". The oniy way to make an inference believable is to provide facts to support it. 
Inferences without sufficient facts to support them are like opinions and should not be 
used in reports. Be especially careful with statements about a person's state of mind or 
abilities. To say someone is "nervous" is an inference or conclusion. Describe the 
person's actions on which you based that inference. In many reports we use words that 
draw a conclusion or plant a picture in the writers mind. These conciusionary words mean 
something entirely different to someone else. Avoid conciusionary language in police 
reports. Some of these conciusionary words are: 

Accosted Denied Refused 

Admitted Escalated Resisted 

Assaulted Evasive Struggle ensued 

Attacked Forced Suspicious 

Battered Identified Threatening 

Combative Indicated Uncooperative 

( onfessed Intimidated Unresponsive 

Consented Obscene Waived 

Deceptive Profanity 

Imaaine usma the word admitted in your report. The suspect admitted stealing the car. What 
have you written Did the suspect tell you he stole the car, or did he put it in writing^ Using a 
conciusionary word wiil usually prevent you from completing the thought. The suspect stated. "I 
took the car. I needed it to get out there fast." - OR - When questioned if he stoie the car. the 
suspect nodded his head. In both of these statements, the suspect admitted stealing the car. ^ et, 
both statements have entireiv different meanines. 



Problems also arise in the use of psychological terms such as paranoid or psychotic rather than 
describing the actual behavior and allowing the reader or qualified person to make the conclusion. 
These types of specialized terms can cause problems, especially in court. Imagine an attorney 
asking you where you received your medical training to make the profound diagnosis. 

Another area to watch out for is something like "The check was signed by John Doe." Unless 
you saw John Doe sign the check, that is an inference or conclusion. The fact is "The check was 
signed John Doe." One little word can change the entire meaning and accuracy of your report. 

ACCURATE 

To be useful, facts must be accurate. .An inaccurately recorded license number may result in 
losing a witness or suspect. Inaccurate measurement or recording the distance of skid marks may 
lead to wrong conclusions. Accurately recording the correct time and date, correct names of ail 
parties involved, correct phone numbers and addresses and exact descriptions of the crime scene, . 
property, vehicles and suspects involved is vital in an effective report. Have people spell their 
names. Repeat spellings and numbers for verifications. Be sure of the accuracy of your facts. 
Details in a report should be both factual and accurate. An example of an accurate statement 
might be: The suspect was a white mail, approximately 6'4" tall, brown hair, and 210 pounds. 

OBJECTIVE 

Objective means non-opinionated, fair and impartial. Lack of objectivity can result from either of 
two things: poor word choice and omission of facts. A well-written report is objective. 
Objectivity is attained by keeping to the facts, by using words with non-emotional overtones and 
by including both sides of the account. You've already looked at the importance of sticking to 
the facts of a case and leaving out personal opinions. The next means of achieving objectivity is 
through the words used. Consider the following sentences: Bill is a policeman. Bill is a cop. Bill 
is a pig. Bill is a police officer. Although you want to be specific, you must also be aware of the 
effect of the words you use. Words which have little emouonal effect are called denotative 
words. The denotative meaning of a word is its objecuve meaning. In contrast, words which 
have an emouonal effect are called connotative words. The connotative n.eaning of a word is its 
positive or negative overtones. Bill is a pig, or Bill is a cop, are both connotative statements. Bill 
is a policeman, or Bill is a police officer are both denotative words. "Pig" or "Cop"' have negative 
connotations. It reflects the opinion of the person using it. Slanting, that is, including cniy one 
side of a story or only facts that tend to prove or support ue officer's theory, can aiso make a 
report non-obiective. A good report includes both sides of an incident when possible. Even when 
facts tend to 20 against your theory about what happened, you are obligated to induce :hem. 
Omitting important facts is not objecuve. You can assure objectivity in your reports by avoiding 
words with emotional overtones and including all relevant facts. 



COMPLETE 

Information kept in the reporting officer's head is of no value to anyone else involved in the case. 
An effective report contains answers to at lease six basic questions: WHO? WHAT? WHEN 7 
WHERE? HOW & WHY All relevant details should be included in the narrative portion of the 
report. Obviousiy, you cannot record everything; you must be selective. For example, in a report 
of a robber}', you would need a complete description of the stolen property and a physical 
description of the robber. You would not need physical descriptions of the victim or the 
witnesses, but you would want to record their names, addresses and phone numbers in case you 
needed to contact them again. The who, what, when and where questions should be answered by 
factual statements. The how and why statements may require inferences on your part, when this 
is the case, clearly label the statements as inferences. This is especially true when answering the 
question of motive. To avoid slanting the report, record all possible motives reported to you, no 
matter how implausible they may seem at the time. A report should give as full an account as 
possible. 

CLEAR 

A police report should have only one interpretation. Two people should be able to read the report 
and come up with the same word-picture. For example, "The man was tall" is open to 
interpretation, but the statement. "The man is 6' 11"" is not. A well-written report is clear. You 
can make your writing clear in several ways, ^'se specific, concrete facts and details. Keep 
descriptive words and phrases as close as possible to the words they describe. Use diagrams and 
sketches when a description is complex. This is especially true in reports of accidents, homicides 
and burglaries. The diagrams do not have to be artistic masterpieces. They should, however, be 
in approximate proportion and should heip the reader follow the narrative portion of the report. 
Do not use uncommon abbreviations. Confusion can result . if two people have different 
interpretations of an abbreviation. For example, what does S.O.B. mean to you? To most peopie 
it has a negative meaning. But for peopie in the health field, it means "short of breath." Use only 
abbreviations common to everyone. Use short sentences, well organized into short paragraphs. 
Short sentences are easier to read. Likewise, paragraphs should be relatively short. Each 
question to be answered in the report should have its own paragraph. The report should be 
organized logically. Most commonly it begins with when and where and then tells who and what. 
The what should be chronological order. That is, going from beginning to end without skipping 
back and forth. 

CONCISE 

Ln your efforts to be complete you must use good judgment. You cannot possibly include 
everything. What you do include shouid be as concise as possible. No one wants to read a wordy 
report. Length does not mean quality. Some reports can be written in half a page. Other reports 
may require a number of pages. No exaa length can be specified, but your report will be effective 
if it includes all relevant information in as few words as possible. This does not mean, however, 
thai you can leave out important details or such words as a, an and the. Basically, you can reduce 
v. ordiness two ways: Leave out unnecessary information and use as few words as possible to 
record the necessary facts. Conciseness means you make every word count without leaving out 
important facts. 



MECHANICALLY CORRECT 

If you were to hear the words, "Your chances of being promoted are good if you can write 
effective reports," you would probably feel different than if you were to read the same words 
written with multiple mechanical errors. The mechanics involved in translating ideas and spoken 
words into written words are important. This includes spelling, capitalization and punctuation. A 
well-written report is mechanically correct. It follows the rules for spelling, capitalization and 
punctuation. 

STANDARD ENGLISH 

People often disagree about what standard English is. .And the standards between spoken and 
written English differ. In writing, however, this. is not acceptable. Just as there are rules for 
spelling, capitalization and punctuation, there are rules for what words are used when. For ■ 
example, it is standard to say "he doesn't" rather than "he don't"; "I don't have any" rather man 
"I ain't got none"; "he and I are partners" rather than "him and me are partners." Your 
experience with English will often tell you what is standard and what is not, especially if you have 
been raised in surroundings in which a standard English is used. If you speak a standard English, 
you will probably also write in standard English. But that is not always true. A report in 
nonstandard English leaves a poor impression of its writer. 

LEGIBLE AND ON-TIME 

It does little good to learn to write well if no one can read it or if the report is turned in after it 
was needed. A well-written report is legible. It must also be on time. Ideally, reports would be 
typed. Often, however, this is not practical. If you do not type your reports, and if you know 
that you have poor handwriting, you may want to print your reports. Granted, this is slower mat 
cursive, but a resort which cannot be read is of little use to anvone. 



STEPS EN" REPORT WRITING 
There are five basic steps in writing a report. 

1. Gather the facts: investigate, interview, interrogate. 

2. Record the facts immediately: take notes. 

3. Organize the facts. 

4. Write the report. 

5. Evaluate the report: edit and proofread; revise if necessary. 



GATHERING THE FACTS - INVESTIGATING, INTERVIEWING, INTERROGATING 

Lnvestigauve skill are much too complex to cover in-depth hear. These skills are developed over 
time and through vaned experiences. We will discuss some of the basic principles involved in 
gathering information for a police report . 

Remember that a report is a written record co mmu nicating relevant facts to be retained for future 
use. The four characteristics of a well-written report - factual, accurate, objective, and ccrr.plete - 
focus on what you include in your report. The content of your report. We have already looked at 
the information you should include in your report. Now we shall look at how to get this 
information. 

To gather information, observe and listen. 

You stan to gather your information as soon as you are sure of the subject of the report and its 
purpose. A great deal of what you know about a case will be learned from asking questions and 
listening to the answers. Several simple procedures can make an interview with a witness, a 
victim or a suspect more productive. 

Prepare for each interview in advance if time permits. Know what questions you need to have 
answered. Obtain your information as soon after the incident as possible. A delay may result in 
the subjects not remembering important details. Be considerate of the subject's feelings. If 
someone has just been robbed, or seen an assault or been attacked, the individual may be 
understandably upset and emotional. .Allow time for the person to calm down before asking too 
many questions. Remember that when emotions increase, memory decreases. Be friendly. Try to 
establish rapport with the subject before asking questions. Use the person's name; look at the 
person as you ask questions; respond to the answers. Use a private setting if possible. Eliminate 
as many distractions as you can so the subject can devote full attention to the questions you ask. 
Eliminate physical barriers. Talking across a desk or counter, or through a car window, does not 
encourage conversation. Sit rather than stand. This will make the subject more comfortable and 
probably more willing to engage in conversation. Encourage conversation. Keep the subject 
talking by: 

a. Keeping your own talking to a minimum. 

b. Vst open-ended questions. 

c Avoid questions that can be answered with a "yes" or u no". 
d. Allowing long pauses. Pauses in the conversation should not be uncomfortable. 
Remember that subjects need time to think and organize their thoughts. 

.Ask simple questions. Do not use law enforcement terminology when you ask your questions. 
Keep your language simple and direct. .Ask one question at a time. Allow the subject to answer 
one question completely before going on to the next question. Listen to what is raid and how it is 
said. Watch for indications of tensic ... nervousness, surprise, embarrassment, anger, fear of guilt. 
Establish the reliability of the subject by asking some questions to which you already knew the 
ar.swe s. Be objective and controlled. Recognize that many people are reluctant to give 
information to the poiice. Keep control of yourself and your situation. Do not antagonize the 



subject,, use profanity or obscenity, lose your temper or use physical force. Remain cairn, 
objective and professional. 

RECORD THE FACTS IMMEDIATELY: TAKE NOTES. 

Notes are a permanent aid to your memory. Good notes aid in investigating a case, in writing the 
report and in testifying in court. Use a notebook and not scraps of paper. Use ink. Write legibly. 
Identify the notes with your name, the date and the case number. Record all relevant facts as you 
get them. Check spelling, numbers and dates as you record them. Use freehand sketches if the 
situation calls for it. 

ORGANIZE THE FACTS 

Organize your information. Report it in chronologically arranged paragraphs. Organization is 
critical to an effective report. If a report skips from one idea to another, repeats or go back and 
forth in time, it will not present a clear picture of what happened. Two effective aids in 
organizing your information are to (1) organize your field notebook and (2) make an outline or 
report plan. 

Organize your field notebook. One aid to a well-organized report is a well-organized notebook, 
with well-organized notes. Establish a set pattern of gathering information, whether it is 
information obtained through observation or through asking questions. You may want to have in 
the front of your notebook a- list of questions to ask and then try to ask the questions in this order. 
In addition, to aiding organization, covering a list of questions or a checklist can save time, money 
and cases simply because if you complete an interview without having covered and recorded all 
relevant facts, you have lost what may be the only opportunity to gather critical information. You 
may want to have separate sections for each type of information: offense / arrest notes, follow-up 
notes, vacations/empty houses, etc. You should also start a new page for each case of I incident. 

Make an outline or report plan. Plan before you write. Ideally, you should make a rough outline 
or your report showing the main ideas to be included. If this is too time-consuming, you might 
try going through your notes with a pencil, numbering each item in the order it is to be used. 

WRITE THE REPORT 

The opening paragraph of a police report states the time, date, type of incident and how you 
became involved. The next paragraph contains what you were told by the victim(s) or 
witness(es). For each person talked to. use a separate paragraph. Next record what you did 
based on the information you received. The final paragraph states the disposition of the cist. 

Writing your report. Complete forms accurately. Forms force you to record the details or an 
incident or case. Complete all blanks. Use ; 'N/ A" if a biank is not applicable. Use "unknown" if 
the information called for is not known. Remember that most of the people who read the report 
will know nothing o'the crime, the initial investigation or the arrest, other than what the report 
tells them. Keep year writing straight forward and simple. Usually you should write as you 



10 

would talk Avoid lcgaJ terminology, technical words and "bookish" words. The best rule is to 
use short, simple words, sentences and paragraphs. Stay in the past tense throughout a police 
report L'se first person active voice in writing your report. Using the first person means you 
refer to yourself as "I." For example, "I handcuffed the suspect." Traditionally, many police 
officers have not ^een so direct, but rather have used the third person, "this officer." First person 
writing is recommended for law enforcement reports because it is more direct, clearer and less 
wordy. A sentence may be either active or passive. This is an easy distinction to make if you 
think about what the words acuve and passive mean. If the subject performs the action, the 
sentence is active. If the subject does not perform the action, the sentence is passive. "The gun 
was fired by the fugitive." is passive because the gun did not do the firing. "The fugitive fired the 
gun." is active because the subject of the action, performed the action. Statements are usually 
clearer in the active voice. 

EDIT AND PROOFREAD YOUR REPORTS. 

When you edit , you are looking at the content of the report. Is it based on facts? is the 
reasoning sound? Is the information specific? Do the facts need interpretation? is it non- 
opinionated, fair and impartial? Has too much or too little information been included? Are the 
sources of the information the best available? In short, you are editing your report for the 
following characteristics: 

• Factual 

• Accurate 

• Objective 

• Complete 

When you proofread, you are looking at the form of the report. Have you been concise and 
clear? Have you used correct spelling, capitalization and punctuation? Have you used standard 
written English? Is you report easily read, i.e., is it legible? In short, you are proofreading your 
report for the following characteristics: 

• Concise 

• Clear 

• Mechanically correct 

• Standard English 

• Legible 

Both editing and proofreading are necessary for a careful evaluation of your report. It might have 
excellent content, but if the form is sloppy or incorrect, \our report will be ineffective. Likewise, 
it may have excellent form, but it is of little value if the content is insufficient. Form and content 
are inte2rallv related. 



COMMON MISSPELLED OR MISUSED WORDS 

Listed. below are words that are commonly either misspelled or misused: 



Accept - to receive 

Except - Exclusion of; other than 

Affect - Influence on (verb) 

(Note: Affect as a noun only used in psychology) 
Effect - a. Outcome, reaction, result (noun) 

b. Bring about, cause; invoke, result (verb) 



acco mm odate 

lieutenant 

sergeant 

bludgeon 

develop 

developing 

thorough 

separate 

retrieve 

consistent 

handcuffs (one word) 

clarify 

escort 

resistance 

stepped 



Appraise - Rate, evaluate 
Apprise - Inform, give notice to 

Corroborate - Provide evidence to support 
Collaborate - Work together 

.Dispjurse - Administer; dispense; reimburse (verb) 
Disburse - Disband; dissolve; separate (verb) 

Lie, lying, lay, lain - to place in a horizontal position 
Lie, lying, lied - to tell a lie; to deceive 

Lose - To become unable to find; to get rid of ' 
Loose - Not firmly fastened, not tight 

Precede - Come before (verb) 
Proc eed - Continue 

Stationary - Fixed position; permanent (adjective) 
Stationery - Paper (noun) 

83~-CDo's 

1 . Do complete all boxes on 837-C 

2. Do write legibly 

3. Do use a dictionary or a proofreader (staff who was not involved in the incident) 

4 Do address any resistance from tne inmate in detail 

5 Do address actions of all staff and inmates present 

6 Do step-by-step descriptions of actions 

7 Do paint a picture on your report so non-prison staff (courts) could understand 

8 Do write what is not there, as well as what was (i.e. "no other staff were in the area " or "the 
broom handle was whole and not broken " ) 

837-C Don 'ts 

1 Don*t use bad grammar/English 
2. Don't misspell words 

Don't leave boxes blank 

Don't use police/prison jargon or terminology 

Don't include any conclusions or assumptions 

Don't collaborate with other staff involved in the incident regarding your report, your accurate 

account of the incident will corroborate the facts. 



4 



USE OF FORCE 
STAFF SERVICES ANALYST (SSA) ROLE 



> Compares the action (837-C reports) to the authority (laws, rules, policy) 

> SSA must back analysis with any rules, laws, policies, etc. 

> SSA should have objectivity and allowed to be candid. 



STAFF REPORTS (837-C's) 



> Write what is not there. Paint a picture of what a non-custody staff (i.e. court, jury, 
etc ) could understand. 

> Old way: Never answer why. 
New way: Must answer why. 

> Staff can cite authority (rule, law, policy) on 337-C 

> Policy is written for the norm. Can be out of policy and still be okay. Can't write 
policy tor everything. Just explain the reason you did what you did. Why? 

> Don't assume intent of inmates or other officers 
>• Don't come to conclusions on 33"-C 

> Describe decontamination in 837-C. or who you know assisted in the 
decontamination so 837-C mav be obtained from that staff member. 



388-R 

Additional copies of this publication may be purchased for $10.00 per copy 
(includes shipping & handling), plus current California sales tax. 

Senate Publications 

1020 N Street, Room B-53 

Sacramento, CA 95814 

916/327-2155 

Make checks or money orders payable to SENATE RULES COMMITTEE. 



LSoo 



DOCUMENTS DEPT. 



^HEARING 

SENATE RULES COMMITTEE 

STATE OF CALIFORNIA 



APR 1 9 20C0 

SAN FRANCISCO 
PUBLIC LIBRARY 




STATE CAPITOL 

ROOM 113 

SACRAMENTO, CALIFORNIA 

WEDNESDAY, FEBRUARY 23, 2000 
1:33 P.M. 



389-R 



SENATE RULES COMMITTEE 



STATE OF CALIFORNIA 



HEARING 



STATE CAPITOL 



ROOM 113 



SACRAMENTO, CALIFORNIA 



WEDNESDAY, FEBRUARY 23, 2 000 



1:33 P.M. 



Reported by: 



Evelyn J. Mizak 
Shorthand Reporter 



11 



APPEARANCES 



MEMBERS PRESENT 



SENATOR JOHN BURTON, Chair 

SENATOR JOHN LEWIS, Vice Chair 

SENATOR JOE BACA 

SENATOR TERESA HUGHES 

SENATOR WILLIAM KNIGHT 

SENATOR JACK ' CONNELL 

STAFF PRESENT 

GREG SCHMIDT, Executive Officer 

PAT WEBB, Committee Secretary 

NETTIE SABELHAUS, Consultant on Governor's Appointments 

WADE TEASDALE , Consultant to SENATOR LEWIS 

FELICE TANENBAUM, Consultant to SENATOR HUGHES 

CHRIS BURNS, Consultant to SENATOR KNIGHT 

ALSO PRESENT 

DAVID G. MAXWELL -JOLLY, Deputy Secretary 
Health and Human Services Agency 

SENATOR PATRICK JOHNSTON 

ALAN CLARKE 

Chief Probation Officers 

BEVERLY F. WASSON, Member 

Water Quality Control Board, North Coast Region 

SENATOR WES CHESBRO 

SUSAN L. AZEVEDO, Member 

Water Quality Control Board, Central Valley Region 

ASSEMBLYMAN DENNIS CARDOZA 

DAN TERRY, President 

California Professional Firefighters 



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in 
INDEX 

Page 
Proceedings 1 

Governor ' s Appointees : 

DAVID MAXWELL -JOLLY, Deputy Secretary 

Health and Human Services Agency 1 

Introduction and Support by 

SENATOR PATRICK JOHNSTON 1 

Background and Experience 1 

Questions by CHAIRMAN BURTON re: 

Areas of Responsibility in Agency 2 

Appointment Date 3 

Department of Child Support Services 3 

Questions by SENATOR LEWIS re: 

Incentives for Counties Under Welfare to 

Work Program 4 

Questions by CHAIRMAN BURTON re: 

Need for Statutory Change to Make 

Counties Tied to Performance 5 

What County Incentives Were Tied To 6 

Questions by SENATOR HUGHES re: 

Financial Trouble of South Central 

Los Angeles Regional Center 6 

Reasons for Deficiencies in State's 
Developmental Centers and Community- 
Based Programs 6 



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IV 



Questions by SENATOR KNIGHT re: 

Reasons Welfare Caseloads Are Down 8 

Increased Income 9 

Questions by CHAIRMAN BURTON re: 

Lower Caseloads Due to Low 

Unemployment Rates 10 

Witness in Support: 

Statement by CHAIRMAN BURTON that 

SENATOR DEBORAH ORTIZ Had Appeared in Support 10 

ALAN CLARKE 

Chief Probation Officers 11 

Motion to Confirm 11 

Committee Action 11 

BEVERLY F. WASSON, Member 

California Regional Water Quality Control Board 

North Coast Region 12 

Introduction and Support by 

SENATOR WES CHESBRO 12 

Opening Statement 13 

Questions by CHAIRMAN BURTON re: 

Size of Vineyard 14 

Types of Wine Grapes 14 

Nonpoint Source Pollution 14 

Types of Crops 15 

Enforcement of Discharge Permits 16 

Questions by SENATOR KNIGHT re: 

Quorum on Board 17 



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Questions by CHAIRMAN BURTON re: 

Number of Hold-over Members 17 

Vacancies 17 

Motion to Confirm 18 

Committee Action 19 

SUSAN L. AZEVEDO, Member 

California Regional Water Quality Control Board 

Central Valley Region 19 

Introduction and Support by 

ASSEMBLYMAN DENNIS CARDOZA 19 

Background and Experience 20 

Questions by CHAIRMAN BURTON re: 

MTBE and Groundwater Contamination 21 

Request for Timetable from Staff on 

Completion of Testing for MTBE 22 

Monitoring and Enforcement Programs 22 

Number of Members Currently 22 

Three Vacancies 23 

Witnesses in Support: 

SENATOR PATRICK JOHNSTON 24 

DAN TERRY, President 

California Professional Firefighters 24 

Motion to Confirm 24 

Committee Action 25 

Termination of Proceedings 25 

Certificate of Reporter 26 



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P-R-O-C-E-E-D-I-N-G-S 
— ooOoo — 

CHAIRMAN BURTON: Governor's appointees, first, 
David Maxwell-Jolly, Deputy Secretary, Health and Human 
Services. 

Senator Johnston. 

SENATOR JOHNSTON: Mr. Chairman and Members, 
David Maxwell-Jolly comes to this position after a long and 
distinguished career as a member of the Appropriations staff. 
He was there through five Chairs, with I having the opportunity 
to work with David Maxwell- Jolly for the last several years. 

And the administration is indeed fortunate, and 
the State of California and the people are fortunate, to have a 
person of such knowledge and commitment to public issues and to 
particularly the health and human services sector of the State 
of California's responsibilities. 

David is a friend, and he is a person that I know 
works extraordinarily hard, both when he served here in the 
Legislature, and now under the able and sometimes tyrannical 
rule of Secretary Grantland Johnson. 

I commend him to you. 

CHAIRMAN BURTON: David. 

MR. MAXWELL- JOLLY: Good afternoon. 

I've provided a written statement which I don't 

intend to read. 

Many you know me well. I've served here for the 
Senate and enjoyed very much my time here. It was a political 
apprenticeship that was invaluable to me and, I found, provided 



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a really sound foundation for me to assume the duties that I've 
taken on at the Health and Human Services Agency. 

It's a great pleasure for me to have a chance to 
try my skills out in the administrative branch. It's a 
challenge for me. The content of the programs are familiar 
with me -- I'm familiar with the content of the programs. 

The administrative responsibilities, many of them 
are new to me, and I'm learning. And it's an exciting 
challenge . 

If that's all, I'd be happy to entertain any 
questions that you have. 

CHAIRMAN BURTON: How are you going to feel about 
it, opposing some initiative that you would have supported if 
you were working on this side of the Capitol? Never mind. 

[Laughter. ] 
CHAIRMAN BURTON: Exactly what is your role 
going to be? In other words, do you have a defined area of 
responsibility, or are you just going to be general to the 
Secretary, or what? 

MR. MAXWELL- JOLLY: My primary responsibility is 
the budget. I have prepared — I participated actively in 
preparing this year's Governor's budget. 

CHAIRMAN BURTON: After that, we're going back to 
my first question. 

MR. MAXWELL- JOLLY: I reviewed departmental 
proposals and construct the budget. And we're currently in the 
process of developing the spring letters and May Revise elements 
of the budget. 



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In addition, my responsibilities include 
reviewing all the programmatic initiatives and developing 
programmatic initiatives within the Agency. 

CHAIRMAN BURTON: Basically fiscal, budgetary 



stuff? 



well. 



MR. MAXWELL- JOLLY: Fiscal and program issues as 



CHAIRMAN BURTON: When did you go over? Pretty 
early; wasn't it? 

MR. MAXWELL- JOLLY: I started in August, just 
before the last huge Appropriations Committee meetings in 
August. 

CHAIRMAN BURTON: Do you have any insight into 
the Department of Child Support Services, how's that going? 

MR. MAXWELL- JOLLY: Yes. As you know, it was in 
September when we changed direction significantly in the state 
in how we're organizing and directing child support activities. 

At Secretary Johnson's direction, while we were 
awaiting the appointment of the new Director and the initiation 
of a new department, I undertook to organize interim activities 
that were necessary to put the Department in place, to develop 
the budget for it. 

CHAIRMAN BURTON: Do you have a Director 
appointed yet? 

MR. MAXWELL- JOLLY: We have a Director appointed, 
Curt Child. 

CHAIRMAN BURTON: Is the Department all set up at 
all? 



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MR. MAXWELL- JOLLY: The Department now has 
approximately a hundred employees. 

CHAIRMAN BURTON: Transferred over basically? 

MR. MAXWELL- JOLLY: The bulk of those were 
transferred over from the Department of Social Services. Hiring 
is underway now to expand up to what's approximately — 

CHAIRMAN BURTON: Do you have the number two and 
three there, or just the top? 

MR. MAXWELL- JOLLY: At this point it's just Curt 
Child at the top. 

CHAIRMAN BURTON: Senator Lewis. 

SENATOR LEWIS: Mr. Jolly, I was just wondering 
if you could refresh my memory and remind me how many of my 
favorite tax cut bills died on the Senate Appropriations 
Suspense File? 

The answer is, all of them. 
[Laughter. ] 

MR. MAXWELL- JOLLY: I never had the pleasure of 
analyzing one of your tax bills. 

I concentrated in health and human services. 

SENATOR JOHNSTON: Where you probably didn't have 
to many bills. 

SENATOR LEWIS: I did have one serious question. 
I asked this of Rita Saenz when she was here. 

In the Governor's proposed budget, he was either 
proposing to reduce or eliminate the incentives for counties 
removing people from welfare to work. 

My understanding is that counties were rewarded 



by $900 million already because of this. 

What's it going to be? What direction is the 
Governor going to go? 

MR. MAXWELL- JOLLY: I think there is broad 
agreement that the size of the incentives that have been paid 
out were much larger than what we anticipated would be the kind 
of money that we'd be paying under those provisions. 

I think that the way the formula was originally 
written, it ended up paying much more generous amounts than we 
anticipated. So, I think what the budget has called for is a 
reconsideration of that formula. 

SENATOR LEWIS: But not an elimination? 

MR. MAX WELL -JOLLY: I don't think that the 
ultimate result will be elimination of the incentives. I think 
there's — I expect that the administration will see that 
there's an appropriate role for those kinds of incentives. 

And it also gives the counties a piece of money 
to be able to use flexibly for prevention of welfare in ways 
that we haven't been able to invest in the past. So, I think 
there is a role for incentives. 

The trick is to make them tied directly to the 
performance that we want to get, which is, in the long run, 
getting people off of Welfare and keeping people off of Welfare. 
And I think we need to come up with a formula that drives that, 
is driven by those objectives. 

CHAIRMAN BURTON: Would that take a statutory 
change? 

MR. MAXWELL- JOLLY: Yes, I believe it will. 



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CHAIRMAN BURTON: Don't try it in the trailer 

bill. 

One quick question. Then the county incentives 
dealt with how the rolls were reduced or steps the counties 
took? In other words, rolls went down because unemployment is 
down and employment's up. Was it tied to Welfare caseload or 
tied to actually programs? 

MR. MAXWELL- JOLLY: It was tied to increase in 
earnings . 

And it's true that a considerable amount of those 
earnings went up not due to the particular actions any county, 
just because people decided to get off Welfare and get a job. 

CHAIRMAN BURTON: Either decided or maybe were 
able to. 

MR. MAXWELL- JOLLY: And were able to. 

CHAIRMAN BURTON: Senator Hughes. 

SENATOR HUGHES: I just received a letter on 
Friday, and so did Senator Burton, about the South Central Los 
Angeles Regional Center, and the tremendous number of 
individuals that it services with disabilities. And it services 
Compton, South, Southeast and Southwest L.A. health centers. 

And they are in deep, deep, deep trouble. And 
the Health Fair Financing Agency is reviewing the Department's 
Medicaid waiver. 

I want to know what do you believe are the 
reasons behind the deficiencies in our state's developmental 
centers and the community-based programs as identified recently 
by our federal agencies and the state licensing staff? What is 






it due to, a lack of staff/ a high staff turnover, or are there 
some other reasons that they're so dysfunctional? 

This really bothers me. 

MR. MAXWELL- JOLLY: We've been working with the 
federal government for — in the recent, I guess it's been about 
a year-and-a-half . 

The Health Care Financing Administration has 
expressed concerns and has refused to allow us to expand the 
home and community-based waiver that we have in operation that 
allows us to support developmentally disabled persons in the 
community. 

It's vitally important that we get that on good 
footing, and we've been working with the feds to do that. 

SENATOR HUGHES: So, you say it's the federal 
government's fault that you can't — 

MR. MAXWELL- JOLLY: No. The federal government 
has disapproved expansion of that waiver; has not allowed us to 
increase the number of people participating in that waiver 
because of their concerns about how we are administering it. 

And our job is to provide the federal government 
the kind of information that they need to understand that we 
have adequate oversight of residents in the community. That 
means coordination among several state agencies. 

As you know, the Department of Developmental 
Disabilities is the organization that administers the waiver. 
Many of the facilities where these residents are living are 
licensed by the Department of Social Services. And the federal 
government looks to the Department of Health Services as the 



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8 

single state agency for administration of it. 

So, it's a key issue that the Agency needs to 
invest itself in. We have had on site visits by the federal 
government to try to resolve each of their issues, to try to 
determine what kinds of coordination they feel is sufficient 
between various states agencies, to know that we are doing the 
job that we need to do to follow up on -- to make sure that the 
quality of community care is adequate. 

We're working through that list. I think we're 
down to about a couple of issues that the federal government's 
left with, and I expect that very soon, that we'll be able to 
resolve those. 

SENATOR HUGHES: So, we're getting close? 

MR. MAXWELL- JOLLY: I think so, yes. 

SENATOR HUGHES: Good. Thank you. 

CHAIRMAN BURTON: Senator Knight. 

SENATOR KNIGHT: Thank you, Mr. Chairman. 

David's answer to Senator Lewis' question reminds 
me of our conversations after World War II. In talking to the 
Luftwaffe, they always fought on the Eastern Front. None of 
them ever fought on the Western Front. 

You don't get it. 

CHAIRMAN BURTON: Luftwaffe, that was the German 
Air Force. The Eastern Front was Russia; the Western Front was 
against us. 

SENATOR KNIGHT: That's right. 

You indicated that caseload was down because of 
the increase in their income, increasing wages, et cetera? Is 



part of that as a result of the increase in minimum wage or 
living wage? 

MR. MAXWELL- JOLLY: I think the major impetus — 
there' re two major reasons why Welfare caseloads have fallen in 
such unprecedented ways as they have in the last couple of 
years . 

The primary one is the message that we've all 
sent out to the world, that the unending welfare is no longer 
acceptable, that welfare is going to have limits on it. People 
responded to that message. 

SENATOR KNIGHT: You indicated their income had 
gone up. 

MR. MAXWELL- JOLLY: Yes, and the second major 
element, I would say, is the fact that we're in a robust economy 
that has the capacity to find employment for people who 
otherwise might find it difficult to find employment. 

And I think that the impact of increases in the 
minimum wage might make small increases in the amount of 
earnings that people would have. 

SENATOR KNIGHT: As a second job? 

MR. MAXWELL- JOLLY: Or in a first job. Many of 
the people that are leaving welfare are very unskilled, and 
probably their wages are dictated by the minimum wage. 

Raising the minimum wage would mean that their 
income would rise a little bit. I don't think that has a major 
effect on their choices to seek employment or not seek 
employment. 

SENATOR KNIGHT: Thank you. 



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CHAIRMAN BURTON: In other words, it's the fact 
that we sent out a message that we aren't going to tolerate 
welfare, to the fact that there were jobs available to people 
who were on welfare and could get one. 

If we say we're not tolerating welfare, and 
there's unemployment at 30, or 20, or 15, or 10 percent, like 
there was, who cares what we said if there's no job available? 

MR. MAXWELL- JOLLY: It's true that no matter what 
message goes out, if there aren't jobs, there really aren't 
alternatives to welfare. 

CHAIRMAN BURTON: I mean, it's just empirical 
evidence, when unemployment is up, welfare is up. When 
unemployment is down, welfare's down. 

MR. MAXWELL- JOLLY: That's true. 

CHAIRMAN BURTON: Bob Carlson, Ronald Reagan's 
guy, actually he took credit for the fact that employment was up 
because he drove welfare down. 

First of all, I believe your wife is here? 

MR. MAXWELL -JOLLY: Yes, my wife Julie. 

CHAIRMAN BURTON: Would you like to come up and 
take this lamp with you. 

[Laughter. ] 

MR. MAXWELL- JOLLY: Oh, no. 

CHAIRMAN BURTON: That was actually one of the 
conditions of confirmation, to get rid of that. 

[Laughter. ] 

CHAIRMAN BURTON: Witnesses in support. 

Let the record reflect that Senator Ortiz was 



11 

here in support but had to leave. 

MR. CLARKE: Yes, Senator Burton, Alan Clarke, 
representing the Chief Probation Officers, here to support 
David's nomination for the Health and Welfare Agency Secretary 
position. 

We've work with him over a number of years in 
TANF. Probation receives a number of dollars through Health and 
Welfare and Social Services for TANF probation supports. And 
David was instrumental in working with us on that measure. We 
know him from a number of other juvenile justice issues, so we 
support his nomination for this position. 

CHAIRMAN BURTON: Any other witnesses in support? 

Any opposition? Hearing none, moved by Senator 



Hughes . 



Secretary, call the roll. 

SECRETARY WEBB: Senator Hughes. 

SENATOR HUGHES: Aye. 

SECRETARY WEBB: Hughes Aye. Senator Knight. 

SENATOR KNIGHT: Aye. 

SECRETARY WEBB: Knight Aye. Senator O'Connell. 

SENATOR O'CONNELL: Aye. 

SECRETARY WEBB: O'Connell Aye. Senator Lewis. 

SENATOR LEWIS: Aye. 

SECRETARY WEBB: Lewis Aye. Senator Burton. 

CHAIRMAN BURTON: Aye. 

SECRETARY WEBB: Burton Aye. Five to zero. 

CHAIRMAN BURTON: Congratulations, David. Take 



it with you. 



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12 

Beverly Wasson, Member, California Regional 
Water Quality Board. 

Senator Chesbro. 

SENATOR CHESBRO: Mr. Chairman, it is my great 
pleasure to present my friend, Bev Wasson, for confirmation as a 
member of the North Coast Regional Water Quality Control Board. 

However, I hope you don't offer her a lamp, 
because I'm afraid if it's similar to that one, she won't accept 
the appointment or the confirmation. 

Bev is a good friend. She grew up in Healdsburg 
and attended Humboldt State University, which I did as well. And 
despite that disadvantage, she has excelled and become a 
community leader in Sonoma County. 

She has a unique range of experience. She's a 
partner in a policy consulting firm, as well as a partner in 
both the Munselle and Wasson Vineyards in Sonoma County. 

Bev has been a voice for vineyards in Sonoma 
County, where she has served as President of the Sonoma County 
Farm Bureau, as well as the Sonoma County Grape Growers 
Association. 

Ms. Wasson has been a leader for responsible 
agricultural practices will also provide a strong voice for 
environmental protection. At a time when agricultural issues 
are frequently played off against environmental issues, we have 
the unique opportunity to have a member of the Regional Water 
Quality Control Board who, I think, very effectively bridges 
that gap. 

Bev has great credibility as an environmentalist, 



13 

as well as great credibility as a farmer and an 
agriculturalist . 

I strongly support Bev to serve on the North 
Coast Regional Board, and I hope that you will join me in that 
support . 

Thank you. 

MS. WASSON: Thank you very much, and thank you, 
Senator Chesbro, for the warm words. 

I'm very glad to be here today and very excited 
to be on the Regional Water Control Board for the North Coast. 

I do want to thank my family, and it's because 
of them that have allowed me the time that it takes to prepare 
for all the meetings and the commitment that this entails. 

And unfortunately, my parents couldn't be here 
today. My father had cataract surgery yesterday, and my 
brother-in-law is operating the vineyards. So, we've left them 
at home doing the work, and I'm here hopefully be representing 
the community, and I'm looking forward to do that. 

I will answer any of your questions. 

CHAIRMAN BURTON: Canyon Six. There's always a 
fight in Canyon Seven. 

MS. WASSON: I live in Canyon Six. Canyon Three 
went down — part of it, the upper canyon, fell in. 

CHAIRMAN BURTON: Every Memorial Day, there were 
fights in Canyon Seven. Memories that linger. 

MS. WASSON: Actually, I find it a beautiful 
place to live, and actually across the river is where my Dad's 
mother was born in 1883, so my family's been in the county for 



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quite some time. 

CHAIRMAN BURTON: How large is the vineyard? 

MS. WASSON: I farm 165 acres, four different 
parcels, in Alexander Valley. 

CHAIRMAN BURTON: What kind of wine grapes? 

MS. WASSON: Seventy percent Chardonay, Cabernet, 
Sauvignon Blanc and Merlot. 

CHAIRMAN BURTON: One of the big problems in the 
North Coast is the nonpoint pollution. What are they doing with 
their plan, their program to control it; do you know? 

MS. WASSON: Actually, we're working with EPA as 
well as USDA, trying to come up with some standards for nonpoint 
source. 

It's a huge issue, and it's a contentious issue, 
basically, because there's no really hard science to say where 
the pollutants come from on nonpoint source. It's a lot harder 
than point source where you know what comes out of a pipe. 

In this case, you've got ambient factors of 
Mother Nature. She puts her degree of sediment into the system. 
And then you've got roads, and you've got dams, and you've got a 
whole -- 

CHAIRMAN BURTON: Pesticides from the crops? 

MS. WASSON: Definitely. You have all sorts of 
issues . 

What I find — actually, what was interesting is, 
after I got the appointment from the Governor, I rode down the 
road, and I had a different pair of glasses on, because all of a 
sudden I felt responsible for the water quality of the entire 



15 

North Coast. And I'm going, "Oh, my goodness. This is a huge, 
huge endeavor." 

But I think what hasn't happened in the past is 
educating the public on what's needed. Because not only myself 
as a grape grower, but myself as home owner, I have a 
responsibility about the water that starts on my property and 
what condition it is when it leaves my property. And if 
everybody wore that hat and was really concerned about those 
issues, we wouldn't have the problems that we do today. 

CHAIRMAN BURTON: Probably, I would think, more 
than what runs off a home owner's land in that area would be 
what's still left at the dairy farms, the cattle, and then the 
fertilizer from basically -- do you have many tree crops up 
there? 

MS. WASSON: Not as many. Trees keep 
disappearing and the vineyards are coming in full force. 

CHAIRMAN BURTON: It's basically vineyards, not 
many row crops, either, just some tree crops and grapes? 

MS. WASSON: Right. And actually, grapes are 
kind of the last bastion. 

Since I've been on the ranch all my life, we've 
gone through prunes, and pears, and a dairy. And now we're into 
wine grapes, so have experienced those. 

Being on the Farm Bureau, we did and have pursued 
water quality when it comes to dairy issues, and it's always 
been a tough one in Marin and Sonoma Counties because of the 
rain situation. 

One of the things that we implemented was a 



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community committee that has people from the Regional Water 
Board, as well as dairy people, as well as veterinarians, et 
cetera, that sit on a committee. And when there is a problem 
that has been perceived and a call comes in, that committee goes 
out and reviews the problem, talks with land owners, and in most 
cases, gets the issue settled without having it become a 
contentious issue. 

One of the interesting things that has happened 
is that standard is being used now not only in the North Coast, 
but is being taken up by the rest of the state as well as the 
nation. 

So, I think we've got the right step. We do have 
some work to do in our more northern counties, Ferndale, et 
cetera, on getting the dairy industry to come to the table and 
talk with us, but I think there's solutions out there that are 
win-wins for everyone. 

CHAIRMAN BURTON: Are they taking what kind of 
steps to deal with the enforcement of the discharge permits? 

MS. WASSON: You mean the Regional Water Board? 

CHAIRMAN BURTON: Yes, the North Coast Regional 
Board. 

MS. WASSON: Actually, we have had John Salisbury 
work very diligently with the community. And when we do have a 
problem, and it cannot be addressed, and we do have one of those 
coming up, it's my belief that the Board will take that to task 
and then fine the individual. I don't see any problem with 
that. 

CHAIRMAN BURTON: Senator Lewis. 



17 

SENATOR LEWIS: No questions. 

CHAIRMAN BURTON: Senator Hughes. 

SENATOR HUGHES: No questions. 

CHAIRMAN BURTON: Senator Knight. 

SENATOR KNIGHT: Just one, along the lines of the 



penalties. 



Do you have a quorum yet on your Board? 

MS. WASSON: Yes, we do have a quorum now, but we 
need a few more Board Members . 

CHAIRMAN BURTON: You have a bare quorum? 

MS. WASSON: Bare quorum. 

CHAIRMAN BURTON: And how many hold-over members? 

MS. WASSON: Two, and they will be — 

CHAIRMAN BURTON: Total membership on the Board 
is what? How many? 

MS. WASSON: There's five of us now. There are 
nine slots. 

CHAIRMAN BURTON: So, you have a bare quorum with 
two previous administration hold-overs? 

MS. WASSON: Yes, and their terms are up — 

CHAIRMAN BURTON: How long have there been 
vacancies there? 

MS. WASSON: Over a year. They didn't have any 
meetings from December until the first meeting that I attended 
in July. In June, they couldn't have a meeting because one of 
the members was out of town. 

CHAIRMAN BURTON: Which kind of is very tough, 
both on the business community because they get a permit to do 



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something, and on the environmental community that may want to 
stop something somebody's doing. 

Has the Board notified the Governor that it may 
be nice to find a couple? 

Did everybody move out of the North Coast area? 

MS. WASSON: Not that I know of, but we will 
certainly ask him to do that. 

CHAIRMAN BURTON: Moved by Senator Lewis. 

I'm sorry, witnesses in support. 

Witnesses in opposition. 

The family's working the vineyards. 

MS. WASSON: They're all in Sonoma County. 

SENATOR HUGHES: I move the nomination. 

CHAIRMAN BURTON: All right, moved by Senators 
Hughes and Lewis. 

Call the roll. 

SECRETARY WEBB: Senator Hughes. 

SENATOR HUGHES: Aye. 

SECRETARY WEBB: Hughes Aye. Senator Knight. 

SENATOR KNIGHT: Aye. 

SECRETARY WEBB: Knight Aye. Senator O'Connell. 
Senator Lewis. 

SENATOR LEWIS: Aye. 

SECRETARY WEBB: Lewis Aye. Senator Burton. 

CHAIRMAN BURTON: Aye. 

SECRETARY WEBB: Burton Aye. Four to zero. 

CHAIRMAN BURTON: Congratulations. 

MS. WASSON: Thank you very much. 



19 

CHAIRMAN BURTON: Leave it open for Senator 
O'Connell. No fights in Canyon Seven. 

[Thereafter, SENATOR O'CONNELL 
added his Aye vote, making the 
final vote 5-0 for confirmation.] 

CHAIRMAN BURTON: Next, Susan Azevedo. 

Let the record reflect, this is in lieu of an 
increase in comp. benefits. 

ASSEMBLYMAN CARDOZA: Mr. Chairman, Senator 
Burton, Members, it is my great pleasure today to introduce to 
you Susan Azevedo from Modesto. 

Susan has been involved in public affairs for 
quite sometime. She was a legal assistant to Mr. Bagley, 
Senator Bagley at the law firm of Pillsbury, Madison and Sutro 
from 1975 to '79, and she was his district director for Senator 
Bagley from 1970 to '75. 

Ms. Azevedo has undertaken — she attended San 
Francisco State University in the early '60s. Her memberships 
in organizations have included the Board of Directors of CARAL, 
Haven Women's Center in Stanislaus County, NAACP, Southern 
Poverty Center of Los Angeles, Planned Parenthood Board of 
Directors, President of the Harry S. Truman Club in Stanislaus 
County. 

She's also been involved in a number of homeless 
issues, transitional housing issues, and library campaigns. She 
was honored in 1990 as the Outstanding Woman of Stanislaus 
County. 

She will be a tremendous asset to the Board. She 



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brings balance to this Board, and I wholeheartedly support her 
nomination. 

CHAIRMAN BURTON: Thank you. 

MS. AZEVEDO: Good afternoon, Senator Burton and 
Members of this Committee. 

Let me begin by thanking Assemblyman Dennis 
Cardoza for his introduction, and to all of you for this 
opportunity to speak to you. 

Additionally, I would like to introduce as my 
guest my husband, Arthur Azevedo; his partner, Donald Green; my 
good friend, former State Senator Dan McCorquodale; Dan Terry, 
President of the California Professional Firefighters; Patrick 
McGrath, who is a land-use attorney in Stanislaus County and an 
almond farmer and processor; and Frank Assauly, also an almond 
farmer and processor; and others. 

When Governor Davis requested that I accept this 
appointment to the Central Valley Regional Water Quality Control 
Board as the public member, I was very honored. As a fourth 
generation Northern Californian, I am keenly aware of the 
importance of environmental protection, and the importance of 
water and water quality. 

I'm also keenly aware of the balance that must be 
sought to ensure that the needs of all water users — 
agricultural, industrial and public — are met. 

More than ever, water issues have risen to the 
center stage in an ever-changing environment in the Central 
Valley and throughout the state. As you know, the Central 
Valley is projected to explode in population in the next two 



21 

decades. At the same time, this Legislature works diligently to 
ensure both the necessary quantity of water and quality of water 
to keep California thriving and healthy. 

I am grateful to the Legislature and the new 
administration for their renewed concern with water quality 
objectives and for their renewed commitment to funding and inch 
enforcement. 

Securing our agricultural options in the Central 
Valley in concert with the fair minded treatment of co-existing 
urban uses, all within the framework of the laws and regulations 
the Board implements and enforces is a responsibility that I 
take very seriously. 

I hope that I have brought thus far and will 
continue to bring to the Board my diverse experience in working 
with the public and various groups for many years. During the 
first several months of serving on the Board, pending this 
confirmation hearing, I have found the experience to be both 
informative and rewarding. 

In the months ahead, I hope that I will 
contribute ably to the deliberations of the Board and prove 
myself worthy of the Senate's hopeful confirmation. 

I would again like to thank you all and 
respectfully request this Committee's recommendation for 
confirmation of my appointment. 

Thank you. 

CHAIRMAN BURTON: Thank you. 

On the issue of MTBE and groundwater 
contamination, what's being done in the Valley to determine or 



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to ensure that there's no MTBE in the wells for drinking water? 
Are they doing testing? Are they taking any action on that? 

MS. AZEVEDO: Now that we have increased staff, 
and I believe we've increased staff positions by more than ten, 
the backlog can be addressed. 

I think underfunding was a serious problem. 

CHAIRMAN BURTON: So, they're doing something. 

MS. AZEVEDO: Oh, absolutely. 

CHAIRMAN BURTON: When do you think you'll have 
the testing completed? 

MS. AZEVEDO: I couldn't tell you that, but I can 
get back to you on that. 

CHAIRMAN BURTON: Would you try at the next 
meeting to ask the staff to get a timetable for us, because that 
could be a serious question. 

What kind of programs do you have to ensure 
monitoring, enforcement uniformly and thorough throughout the 
Valley on MTBE and other than groundwater pollutants? 

MS. AZEVEDO: What type of programs do we have? 

CHAIRMAN BURTON: Yes. 

MS. AZEVEDO: That's, again, enforcement is being 
increased. Monitoring is being increased, and we have just 
added some staff because of the legislative interest in this. 

CHAIRMAN BURTON: Now, you've got six members out 
of nine? 

MS. AZEVEDO: Six, right. We just added two. 
Lost one, added two, and three slots. 

CHAIRMAN BURTON: Do you know, Dennis, how long 



23 

they were without a quorum? 

ASSEMBLYMAN CARDOZA: I think it was shorter than 
some of the others. It's been a shorter period of time than 
some of the other regional boards, but it's certainly one that 
— the Central Valley Regional Board is of critical importance. 
There's a lot of water quality issues there. So, it's something 
we're very concerned with, Senator. 

CHAIRMAN BURTON: And there's still three 
vacancies; right? 

MS. AZEVEDO: That's right. 

CHAIRMAN BURTON: So, I would assume either you 
or Professor Condit and other people may impress upon the 
Governor, because it's not, despite what Michael Bustamante may 
think, it's not a, quote, just environmental issue. It's 
important for businesses to get a permit to get into business. 

ASSEMBLYMAN CARDOZA: I think that's correct, 
Senator. 

CHAIRMAN BURTON: And I know that the board that 
deals with Tahoe, Lahonten, they're like at a bare quorum. If 
somebody gets the flu, people can't get a business permit. 

ASSEMBLYMAN CARDOZA: It's a serious issue. 

CHAIRMAN BURTON: Senator Lewis. 

SENATOR LEWIS: No questions. 

CHAIRMAN BURTON: Senator Hughes. 

SENATOR HUGHES: No questions. 

CHAIRMAN BURTON: Senator Knight. 

SENATOR KNIGHT: No. 

CHAIRMAN BURTON: Witnesses in support, Senator 



24 



1 Johnston. 

2 SENATOR JOHNSTON: I'm a friend of Susan Azevedo. 

3 You know how thoughtful she is. 

h I will ask and urge your support. 

5 CHAIRMAN BURTON: Witnesses in support, ever so 

i briefly. 

MR. TERRY: Ever so brief, Senator Burton, Dan 

8 Terry, President of the California Professional Firefighter. 

9 I've known Susan and her family for a number of 

10 years. High quality appointment. 

11 I'd really appreciate confirmation. Thank you. 

12 CHAIRMAN BURTON: Witnesses in opposition. 

13 SENATOR HUGHES: I'd like to move the 

14 nomination. 

15 CHAIRMAN BURTON: Hearing none, moved by Senator 

16 Hughes. 

17 Call the roll. 

18 SECRETARY WEBB: Senator Hughes. 

19 SENATOR HUGHES: Aye. 

20 SECRETARY WEBB: Hughes Aye. Senator Knight. 

21 SENATOR KNIGHT: Aye. 

22 SECRETARY WEBB: Knight Aye. Senator O'Connell. 

23 Senator Lewis. 

2 4 SENATOR LEWIS: Aye. 

2 5 SECRETARY WEBB: Lewis Aye. Senator Burton. 

2 6 CHAIRMAN BURTON: Aye. 

27 SECRETARY WEBB: Burton Aye. Four to zero. 

28 CHAIRMAN BURTON: Congratulations. 



25 



We'll leave the roll open for Senator O'Connell. 
[Thereafter, SENATOR O'CONNELL 
added his Aye vote, making the 
final vote 5-0 for confirmation.] 

[Thereupon this portion of the 

Senate Rules Committee hearing was 

terminated at approximately 2:16 P.M.] 
— ooOoo — 



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26 

CERTIFICATE OF SHORTHAND REPORTER 

I, EVELYN J. MIZAK, a Shorthand Reporter of the State 
of California, do hereby certify: 

That I am a disinterested person herein; that the 
foregoing transcript of the Senate Rules Committee hearing was 
reported verbatim in shorthand by me, Evelyn J. Mizak, and 
thereafter transcribed into typewriting. 

I further certify that I am not of counsel or 
attorney for any of the parties to said hearing, nor in any way 
interested in the outcome of said hearing. 

u IN WITNESS WHEREOF, I have hereunto set my hand this 

" . .. ■■ 2 000. 



/ day ofy ^A^wt^u/^ , 




Reporter 



389-R 

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